Open blinds in your home can be the equivalent to leaving your email account open on a computer accessible by others.
A Michigan man faces jail time for looking at his wife's email. He says she gave him the password. She says he guessed it because it was her son's name.
The couple is now divorced and the husband faces five years in prison under a law that goes after computer hackers. Folks we spoke with overwhelmingly agreed that they think it is an invasion of privacy.
But when it comes to the law, you might not have much of a case.
While most web users say they'd feel violated if their accounts were accessed without permission, when it comes to the law says attorney Johnny McCoy, it depends. "If someone has a reasonable expectation of privacy, like in their home with the blinds shut, you should feel you can walk around your house without being seen from the road. Now, if you open you blinds, your expectation of privacy is diminished greatly."
Open blinds in your home can be the equivalent to leaving your email account open on a computer accessible by others. Same with your password. "Using your son's first name as a password," said McCoy, "How much protection were you actually expecting?"
McCoy says even if an email account is accessed without permission, it can be difficult to win in court unless the victim can prove they suffered some sort of damage. "If he would've discovered bank accounts or a treasure map that leads to the gold, then you have actual quantifiable damages to bring up in court."
But there are some instances when accessing an account without permission can be justified, like parents with their kids, or in a legal investigation, but only if a warrant has been issued. "Without question, there's a difference. Warrants are required under the 4th Amendment for civil protection for society against government intrusion," McCoy said.
But when it comes to spouses, McCoy and others agree, while it may be a privacy violation of some sort - it still may not be illegal.
Another challenge to dissecting this case legally, is that there's not much legal precedent. Internet laws are still young and evolving.
Read more about this case on the Good Morning America website.
