Expert: Dan Pepper - 2/17/2009

Question
QUESTION: Hi,

I think my wife who moved out recently has my pass word and is looking at my emails. What is the washington state law concerning or any federal law say about that?
Thanks

ANSWER: Dick,

I am not familiar with the Washington state laws, however the issue is whether you have a reasonable expectation of privacy with respect to your emails.  Was your wife given your password?  If so, your expectation would be pretty low.

I have commented on this topic a few times on these boards; do a search of my past answers to get some further information.

---------- FOLLOW-UP ----------

QUESTION: Hi and thanks for the answer. She wasn't given my email pass word and got it through a tracker program. What is the penality if I can prove she shouldn't have had access. Would it be worth persueing? Can I find out through Yahoo her email provider if she accessed my account?  Thanks for the help and it is a great service. I can change my pass word but wondered if she did anything illegal and what the penalty would be if I could prove it.  Thanks again

Answer
Dick,

I do not know what Washington State's criminal laws would be on this matter, but unless your wife caused some sort of damage as a result of her actions, the penalties and attention given to this would probably be pretty low.

Yahoo will most likely not give you any server activity information without a court order.