Articles Tagged with “expectation of privacy”

In this age of e-mail, social media and electronic communications, people leave behind an inviting trail of information that a curious, jealous or controlling spouse or boy/girlfriend may be tempted to view. If someone suspects his/her spouse of cheating he/she may want to search through emails or text messages for evidence of another romantic or sexual partner. Suspicious spouses even have been known to put software “snooping” devices on a partner’s computer to track communications.

Is it legal to read your husband’wife’s email? Interceptions of electronic communications can violate a number of federal and state laws. Reading another person’s email or texts ( even your spouse’s) without their consent is a violation of privacy. But the answer to whether this always is illegal is it depends.

Whether reading emails or other communications is legal or not may depend upon a number of factors, including: whether the email is sitting on a server or is downloaded; the type of device the communication is on; whether the device is personal or shared with others; whether the device is password protected; and if password protected, whether the password is shared. As a general rule, the greater the protections taken to keep communications private, the more likely it will be that intercepting such a communication will be illegal.