Legal Question in Technology Law in Oregon

Typing for a friend who is concerned that he may have broken some laws and needs some answers ASAP.

1. He and his girlfriend have been together for about 13 yrs and he found out that she was doing drugs and alcohol and had 2 DUI's and he's been paying for her treatment and fines.

2. Shares an email account with her and she gave him her password to her email account.

3. He found out that she was coming to the area where he is now living, she is staying in WA, he is in OR... and that she failed some of the UA tests...

4. He went in to her emails to find out why she wasn't showing up at his place when she said she would and found a large number of emails (very graphic and detailed) about her sexual escapades with a police officer while he was on duty.

5. He turned those emails over to the Justice Dept. and is now afraid that he may have broken some laws that could put him in jail...

Did he? Isn't her giving him the password, implied consent?

Is there any legal percussion to him for turning the data over to law enforcement agency for investigation of misconduct by the police officer?

Thank you.

Optional Information:

State/Country relating to Question: Oregon


Asked on 6/03/11, 10:33 pm

1 Answer from Attorneys
Christopher Steuart IT Forensics, Inc.

Although your friend should seek counsel licensed in OR, the federal issue here would be related to the provisions of the Electronic Communications Privacy Act. Your friend having been given the password by his girlfriend would have an argument that she consented to his access and use of the account, but it could go the other way with the argument being that his actions exceeded the authority granted to him. That is, it will be necessary to know what authority was granted to him. A course (history) of what he did with the account will be relevant and communications relating to what he was authorized to do will be relevant. Criminal prosecution under � 2501 is unlikely (but not impossible), there is also a civil liability provision at �2507 (so she could sue under it). I will not address probabilities of success of prosecution/defense as there is not enough information. There may be OR criminal and civil liability, but I can't address that (as I am not licensed in OR). You may have liability under WA law if some portion of the acts were interpreted as occurring in WA.

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Answered on 6/04/11, 2:42 pm


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