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story

what ya guys think?

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The problem I see with the judge's decision is whether he reached it because there is a legal precedent or whether he just decided to make one. If the former is the case, then his hands were tied but if it's the latter then I beleive that the woman needs to appeal this judge's decision to a higher court.

<small>[ October 19, 2003, 01:48 PM: Message edited by: T00MuchCoffeeMan ]</small>

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I think the judge overstepped his bounds here. If there is indeed a precedent, then maybe I'm wrong.

Ramsay has compared Lee's actions to someone breaking into her home and reading her diary.

I disagree with this. She didn't break into her home. She simply picked up a an electronic communication. From what I do know of it, it sounds more like when you're talking on a portable/cell phone and you accidentally pick up someone elses' conversation. Or even buying one of those listening devices sold at radio shack. When you put something out into the internet you take the chance it will be seen by people. Just the way it is. The only possible crime I can see is maybe how she went about getting the passwords to the e-mail accounts.

MTD

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internet privacy. the biggest oxymoron of our time.

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</font><blockquote><font size="1" face="Verdana, Arial">quote:</font><hr /><font size="2" face="Verdana, Arial">Matsch, best known for his role overseeing the Oklahoma City bombing trials, has said the e-mail case involved a vicious divorce dispute over children. </font><hr /></blockquote><font size="2" face="Verdana, Arial">It sounds to me like this all happened when they were divorcing and the wife broke into his email in an attempt to gain some advantage in their court proceedings. This isn't the usual case that we see here where a spouse suspects an affair and goes snooping.

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Melody,

Actually I believe the wife, fraudulently got the ex-wifes passwords and got the emails before she had the chance to receive them.

Even though is a BS fraudulently gets her Dh's passwords and goes into his account, could she be charged?

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never, thanks for the clarification, I thought she retreived the ex-wife's emails on HIS email account. I don't know what the law is about breaking into a spouse's account but it is sure an interesting question!

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Not enough info here. Where is 'the rest of the story'?

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I agree with Orchid. Way too little information.

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you should re-read the press story. this woman, the current wife, broke into the EX-wife's email and read all of the EX-wife's emails.

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</font><blockquote><font size="1" face="Verdana, Arial">quote:</font><hr /><font size="2" face="Verdana, Arial"><strong> Technology - AP

Woman Sentenced for Intercepting E-Mail
Sun Oct 19, 8:10 AM ET

DENVER - A judge sentenced an Arizona woman to 60 days home detention for intercepting her husband's ex-wife's e-mail, saying the penalty is a warning to others who might be tempted to do the same.

"Privacy is still a cherished value," U.S. District Judge Richard P. Matsch said in sentencing Angel Lee, 28, of El Mirage, Ariz.

Lee pleaded guilty in March and admitted accessing at least 215 e-mails sent last year to her husband's ex-wife, Duongladde Ramsay. Officials said she fraudulently obtained the user name and password information for Ramsay's e-mail account.

Matsch, best known for his role overseeing the Oklahoma City bombing trials, has said the e-mail case involved a vicious divorce dispute over children. At Lee's sentencing Friday, he said he considered sending her to jail but believed she needed to be home with her young children.

"I really apologize for what I did," Lee told the judge. "She (Ramsay) has a right to feel the way she feels."

Ramsay has compared Lee's actions to someone breaking into her home and reading her diary. </strong></font><hr /></blockquote><font size="2" face="Verdana, Arial">I had to edit my comments due to the controversy this stirred up.

There is no privacy on the internet. There are federal laws prohibiting the opening of mail addressed to another person.

For example, in the fog some BS' have been accused of 'touching' or opening the mail of their spouse. For that matter, some OWs have accused the BS of reading the Ws' mail. Go figure. Is that a crime?

I already checked with the police regarding opening mail addressed to our home. I asked that question couple of years ago. The police said if it was addressed to our home and to our spouse, I could open it. RE: Bills come in 1 name or both.

As for e-mails, I asked the police that question also. Basically their answer at that time was that there is no privacy on the internet and if I had the password, I could view it but I would be walking that 'gray area' if I did any activity on an account that I knew was not mine. Legally? Not sure about prosecution since the laws about e-mails are not clear regarding federal protection like the US mail.

Yes, there is a message about posting e-mail in an unsecured environment and any e-mail user should know that. There was a special on TV which showed a law enforcement test where they hacked into a computer about 6+ miles away. The people on the other end watched their cursor controlled from that other source.

So, did the wife hack into the Xw's e-mail? If so, this is morally wrong but may not be legally wrong in all areas. Should she suffer legally and financially because she would not have had the info she found? Hm..... it certainly does not seem fair but often that is what happens. Her H is at the center of this issue and the cause of the trouble.

Her H is the one who should be charged with aiding and abetting crimes of the heart and pocketbook against the family. But there is no legal law against betraying one's family. How sad. <img border="0" title="" alt="[Frown]" src="images/icons/frown.gif" />

These kinds of stories can show that the BS is often at the disadvantage. Why? Because many a BS try to work within the letter of the law (both legally and morally) yet their opponents work outside the moral law and walk the border of the legal law. <img border="0" title="" alt="[Frown]" src="images/icons/frown.gif" />

L.

<small>[ October 20, 2003, 01:41 AM: Message edited by: Orchid ]</small>

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<small>[ October 19, 2003, 06:19 PM: Message edited by: OtG ]</small>

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</font><blockquote><font size="1" face="Verdana, Arial">quote:</font><hr /><font size="2" face="Verdana, Arial"> you should re-read the press story. this woman, the current wife, broke into the EX-wife's email and read all of the EX-wife's emails. </font><hr /></blockquote><font size="2" face="Verdana, Arial">That's a great point...I, for one, missed it. I read the name, but didn't associate it properly.

As that is the case, the W hasn't got a leg to stand on, as far as I'm concerned. I thought it was referring to the H's account, and e-mails that the XW sent him.

Still, as others said, TOO LITTLE INFORMATION.

Thanks for the observation!!

Oscar

P.S. I edited my prior post after re-reading the article. This is a weird story. The W has to illegally access the XW's e-mail accounts, in order to find out what the H is talking to the XW about? She can't find them on his account, obviously, or he's sending them from a remote computer.

One other observation...the W must not have been able to keep to herself what she read. She had to have talked about it to either the H or the XW. I would bet she had to implicate herself in this by somehow using the information she gained while snooping.

<small>[ October 19, 2003, 06:24 PM: Message edited by: OtG ]</small>

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My understanding of the article:

Man and Woman Married. Wife fradutletnly access ex-wifes email from her husband in order to see what he is writing. Since she intercepted them I am thinking that ex-wife never received them? Is that what everyone else is getting?

So, what would happen if I fraudulently accessed dh's e-mail?? (ps I do have all his pw's just curious)

Just to add that's assuming he wanted to press charges etc. Can one be charged for fradulently accessing their spouses e-mail?

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NE,

I think the XW HAD received them, but after the W read them, she blew up, told H or XW about what she had read, and it came out about how she had gotten the information.

If your H is an XH and you illegally access his accounts, and you're found out, then I think you would be subject to certain laws. Just out of curiousity, if he's the XH, why would you want to? How would you feel if you knew he was reading your e-mails and accessing other accounts of yours, now that you're legally divorced?

To me, there is a big difference between accessing a spouse's accounts, and a legally divorced ex-spouse's accounts.

Oscar

<small>[ October 19, 2003, 06:30 PM: Message edited by: OtG ]</small>

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OTG~ my questions are just hypothetical.

I was asking if for instance I had no access to my dh's email. I fraudulently access it, he found out get's peeved, should he be able to press charges against me? Many Bs's do just this. Is it possible they could be charged and convicted of such a thing?

It sounded as if this woman could have received jail time, if not for the dh asking she be able to stay with the kids.

A WS could use this to their advantage no?

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I have to agree in this case with the judge's decision. This wasn't about keeping tabs on her husband, it was about spying on the ex-wife. And no where in the article does it say that any of the 215 e-mails she intercepted were from her current husband to the ex-wife. I think, from the way the article is written, the current wife basically "stole" e-mail that was meant for the ex-wife in an effort to obtain information that might aid the husband's side in the custody issues. That e-mail may have come from anybody - spam, new boyfriend, mom, friend at work, anybody.

Woman was wrong, and she's probably lucky that she didn't get jail time.

Just because someone CAN hack into an e-mail account or other online communication doesn't mean it is or should be legal - nor should it be considered acceptable. If we start going "ho-hum" when this kind of thing happens, we might as well just send all of our correspondence directly to the FBI ... that way the government already has it.

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HI Agin NE,

I know, I misunderstood what you meant by the DH acronymn. Sorry again! <img border="0" title="" alt="[Smile]" src="images/icons/smile.gif" />

As for accessing your H's accounts I would think this would be much more complicated.

First...is it his personal or work account, say through a company he works for? If the latter, then you're hacking into files that are technically owned by the company, and the "crime" is against the company, even though it's H's e-mail account. That's how they fire people for improper e-mail usage.

If it's a personal account then you would have a lot of things to take into consideration, if you were a judge, I think. Things like,

Is the account in both names?
Do you have a sub-account on the same account?
How is it paid for? Is the account in one person's name, but paid for with a credit card that is joint? Or a joint checking account? Have you ever signed the check to pay for the account? Is the person's password "saved" on the PC? Is or was there a history of allowed access to the person's e-mail?

There's probably a thousand other questions that a good attorney could bring up. Had the woman in the story read her H's e-mail, on his PC, it would have been a different story, I think. But she hacked into the XW's, in order to read e-mails that H sent XW. She couldn't access them on his PC, it would seem.

Doesn't sound like a very good relationship to me. This sounds like a story that would run in a column called "News of the Weird" in our paper.

Oscar


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