If I am not mistaken....the accused is husband #3. Wife was having an affair with husband #2, who was a convicted pedophile. He found out by looking into her email on a pc that was his and his internet service provider account, etc. He emailed husband #1 and he proceeded to get custody of his kids from wife as he did not want them around husband #2. Not that any of that matters, but I certainly understand the motivation of husband #3 and I am sure husband #1 was thankful. Now, is this "hacking"......well, some technical issues are in play. Stored password on computer, his computer, his internet account are all issues that complicate things. My estimation is no and I am particularily galled by the prosecutor who took it upon herself to prosecute this case. I mean, would society benefit by having this man behind bars for 5 years costing the taxpayers some $300k in addition to all of the prosecutorial time and the courts being tied up with this bs case? Does this also apply to telephone and text messages too? I don't think this is what society wants. And if I were on the jury, there is no way I would convict this guy.
Originally Posted by FatBastard
IMHO, you give up some rights of privacy with your spouse when you get married. Unless you're fabulously wealthy, you tend to share the same bathroom, the same bedroom, the same closet, the same kitchen, the same house/apartment.
I believe the expectation of privacy with a spouse is markedly less than with anyone else, which is why the "marital privilege" exists. The mere fact that husband 3 "guessed" the username/password to get into her email account should NOT subject him to criminal liability.
Hacking a stranger's computer is one thing. Hacking your spouse's (or your kids') is quite another. And it's not like all of us haven't been warned. It is drilled into use that we have NO expectation of privacy when using a work/school computer.