Legal Question in Technology Law in Texas

Re: email

Probably not, just because she's only 15 - although, it depends on how she gained access to this mom's computer. Breaking and entering the mom's premise to gain access? Crime - but probably wouldn't be enforced. If the 15 year old used another computer to gain access to the mom's computer, that could be a problem because it means she used a computer to commit a crime (criminal trespass) on the mom's computer. Last time I looked into this area of the law, the fact that the infraction was caused by using a computer to commit it meant that years could be added on to a violator's term. Probably wouldn't happen here because of the 15 year old's age. However, keep in mind, parents are able to be held liable in money damages for their children's negligence, and it can be a substantial sum. Hope this helps a little by giving you some of the areas of the law that might enter into it.

Re: email

Probably not, although opinions may differ. It is illegal to access another person's email without express authorization or beyond the scope of the authorization. So, technically that is a crime, but whether or not it would be enforced in this circumstance is very questionable. I say this because the 15 year old friend did not hack into the mom's email account, she did not disable it or alter it in any way, she did not use the information for any harmful purpose, and the information obtained was not of a sensitive nature (such as financial records, intellectual property, proprietary information, etc.). I disagree with Mr. Williamson that it makes any difference whether the friend accessed the mom's email through the mom's computer or another computer - she used the password either way and was unauthorized either way.

It is up to police and prosecutors whether to pursue a criminal complaint for illegal access of the email account. Then, it is up to a judge to determine what (if any) punishment should be given. In these circumstances, I have a hard time imagining that charges would be filed, and an even harder time imagining that a judge would impose any stiff penalty under these particular facts.

As for civil liability, the mom would have to prove compensable damage. I do not see any compensable damage under these exact facts, but there could be some damage with additional facts.

If you are the 15 year old, I don't think you should panic. I think maybe you should tell your mom/parent about the situation, and maybe s/he can help you to iron this all out.

I hope that helps!

Sarah