Legal Question in Technology Law in Missouri

Re: internet law and lawsuit

On the costs issue I think you're right. Your ex is trying to turn his generosity into a loan after the fact. The law does not work that way.

The email issue, however, is a real problem for you. That your ex gave you the password to his email account does not mean you were entitled to look at it whenever you wanted, just as you are not entitled to walk into a neighbor's house whenever you want just because the neighbor has entrusted you with a key. Looking into his personal ads is even more problematic, since he never told you what that password was. That you were able to guess it does not mean you were entitled to use it.

At the same time, your ex is probably committing extortion by threatening to report you to the police unless you pay him.

In short, your situation is a mess. The mess is partly of your making, since you improperly accessed your ex's computer information. I can't offer you any concrete guidance under these circumstances.

Re: internet law and lawsuit

I agree with Mr. Hoffman. On the issue of the money, your ex is trying to create loans after the fact, and that is just not possible under the law.

Technically, accessing his emails and personals ads is illegal (under 18 USC, 2701 et seq.). Even though you knew his password, you exceeded the scope of your authorization to use it. But, there is the issue of his PROOF that you did this - he has none under your set of facts. Under your facts, you did not alter his account, intercept his communications, prevent his access, use the information for commercial gain, steal any financial information, etc. What you did is just snoop on your boyfriend, which happens to be illegal because of the way you obtained the information. But, can he prove it?? If ANYONE questions you, DO NOT say ANYTHING to admit or somehow imply that you accessed his email without authorization.

As Mr. Hoffman noted, and I also immediately noticed, your ex's threat amounts to criminal blackmail under 18 USC 873. He is demanding monetary compensation in return for not reporting you for violation of another law. Just because he's mixing in a claim that you owe him the money for "loans" anyway, does not change the reality of his threat to file criminal charges if you do not pay. It is not illegal for you to threaten to report him for his illegal actions (blackmail) in retaliation for him reporting your illegal actions.

My advice is that you should both walk away. In criminal court, there is no proof of criminal acts. In civil court, "gifts" cannot become "loans" when everyone stops playing nice.

The only way this situation is truly a mess is if neither of you will just walk away, and you get the courts involved.

Good luck to you.

Sarah

Re: internet law and lawsuit

You can accomplish nothing talking to your ex-boyfriend. My guess is that he very much regrets his actions, and wants to extract some revenge. If he brought his case to me, I wouldn't take it. As Edward and Sarah have already noted, you can't convert a gift into a loan after the fact. He's hosed.

If he reports your unauthorized access to the police, as he has threatened to do, rest easy in that it is very difficult to make that case, and most police officers will see this for what it is: an ugly break up. They aren't going to call out the SWAT team and storm your house. If the police question you, tell them that you do not wish to have any discussion with them, that you're invoking your right to remain silent, and that any further communications will go through a lawyer.

If you feel that you must have the last word with the boyfriend, here is what I would tell him.

1. Your repairs to the house were a gift; learn to live with disappointment.

2. If you make a false report to the police I will have a cause of action for defamation and malicious prosecution.

After that get spamblocker software and block his email address. Block his telephone numbers on your phone, and if he bothers you further go get an ex-parte order of protection to keep him from bothering you. The more he can threaten you, the longer he has power over you. Shut off the communication and you'll sleep a lot better at night.

I doubt seriously that any prosecution will ensue over the emails, but learn the lesson from this time, eh? Good luck.