Man faces jail after checking wife's e-mail.

[ApeShapeDeity]

The Australian media this morning was covering a story in which a man faces up to 5 years in jail after reading his wife's e-mail. He suspected (and, incidentally confirmed) that his partner was having an affair.

She had left her passwords by the computer and everything. A big part of the problem here is that Australian law doesn't have a specific charge for this, so he's been charged under laws that cover identity theft.

Personally, I don't condone either of their actions, but 5 years is way too heavy handed. Especially given the extenuating circumstances.

The Escapists tend to be tech savvy and worldly. What are our collective opinions here?

 

[Wintermoot]

he should have the same punishment as reading regular mail (E-mail is regular mail but in a digital form) not identity theft

 

[FC Groningen]

Bullshit of course. I actually understand that the woman would be pissed if he violated her privacy, but this is nowhere near proportional.

 

[Cpt_Oblivious]

he should have the same punishment as reading regular mail (E-mail is regular mail but in a digital form) not identity theft

I've got to say, that really is the most sensible solution in this situation. Good call, sir.

 

[ham and red bull]

Send the woman to jail for adultery, and give the man a cookie! Honestly this is bullshit! He didn't write an e-mail in her mail, so all he was doing was reading mail. Fuck that!

 

[ApeShapeDeity]

he should have the same punishment as reading regular mail (E-mail is regular mail but in a digital form) not identity theft

I must say, I agree with this in principle. Let us not forget, however that mail theft is a serious federal crime. In this case, it would be classed as a class A misdemeanor (on account of the lack of monetary value). A serious (and costly) blemish on his reccord. It would be enough for him to be denied a visa to certain countries.

 

[SnootyEnglishman]

Can someone answer how it's Identity Theft when the lady left her passwords sitting out in the open and the guy just simply read the e-mails? Unless there's a law the punishes people for reading now over there in Austrailia.

 

[Dags90]

Send the woman to jail for adultery, and give the man a cookie!

Lol adultery charges. There's a suspiciously similar case in the U.S. going on right now, as well: http://abclocal.go.com/kgo/story?section=7live&id=7868408

I'm not too concerned, the guy who hacked Palin's email got a 1 year sentence despite facing the same charges against someone they never met, in something that was politically motivated. And I'm sure he broke all sorts of other laws in the process of reading the emails relating to cyber security.

It's funny that this might also be applied to snooping parents. That would be a humorous case, indeed.

 

[Wintermoot]

he should have the same punishment as reading regular mail (E-mail is regular mail but in a digital form) not identity theft

I must say, I agree with this in principle. Let us not forget, however that mail theft is a serious federal crime. In this case, it would be classed as a class A misdemeanor (on account of the lack of monetary value). A serious (and costly) blemish on his reccord. It would be enough for him to be denied a visa to certain countries.

but still he didnt stole her identity! the crime he is tried for is the wrong one!

 

[Jinx_Dragon]

he should have the same punishment as reading regular mail (E-mail is regular mail but in a digital form) not identity theft

I've got to say, that really is the most sensible solution in this situation. Good call, sir.

Seconded.

He did not steal her identity, he had no communication with the person sending the emails and in no way pretended to be his wife. All he did was look at some mail that was address to her, nothing more or less. Can't remember Australian law on this vague 'mail tempering' crime but it might not even be on the books, let alone something he would serve jail time for.

 

[Smooth Operator]

And that is why you never mess with a woman, no matter how badly they messed up you will be taking the blame and lashes for it.

But that sure as hell isn't identity theft, I'm just guessing she got a damn good lawyer.
I really wonder how reading mail from your spouse is illegal...

 

[ApeShapeDeity]

Send the woman to jail for adultery, and give the man a cookie!

Lol adultery charges. There's a suspiciously similar case in the U.S. going on right now, as well: http://abclocal.go.com/kgo/story?section=7live&id=7868408.

This may well be the same case, the morning news didn't mention the nationality of the 'couple'. (I just lept to conclusions given that ommission)

 

[soulsabr]

Bullshit of course. I actually understand that the woman would be pissed if he violated her privacy, but this is nowhere near proportional.

Especially if the violation revealed her infidelity. Should he have? Probably not. Should he get five years for doing so? I don't think so. Should they trump up a charge since the action is not defined as illegal. Of course they should. They are a government entity after all.

 

[MelziGurl]

You know what I think??? The stupid woman shouldn't have been cheating...she also shouldn't have left her passwords by the computer for people to find. I think she deserved to have her mail read, it's a consequence of her actions. Sure, he shouldn't have been reading her e-mails but she basically gave him an open invitation to them.

 

[Exterminas]

Send the woman to jail for adultery, and give the man a cookie! Honestly this is bullshit! He didn't write an e-mail in her mail, so all he was doing was reading mail. Fuck that!

Why not stone her to death?
Seriously. Adultery is a nasty thing, sure. But it falls within ones personal freedom. It's everyones right to have sex with anyone they want to. Just as it is the husbands right to be pissed.

Personal freedom is limited by the one of other people. As example other people's mail. He should be punished to violating that. But certainly not with jail.

Edit: On a side note: If you want to punish the woman for cheating = exploiting her husbands trust. Then the husband should recieve the same punishment for exploiting his wifes trust (leaving the password around), when he had no proof for cheating. Marriage is fun!

 

[Javelk]

Bullshit of course. I actually understand that the woman would be pissed if he violated her privacy, but this is nowhere near proportional.

Besides you can open your spouse's mail

 

[emeraldrafael]

Sounds like this:
http://www.escapistmagazine.com/forums/read/7.253467-Hacking-Statute-Could-Jail-Man-for-Reading-Wifes-Email#9434450

That being said, I'll just quote what I siad there:

*reads* I see...

... I'm sorry, I had to take a small break to laugh at this. He HACKED her email? if thats hacking punishable by law then the stuff I've done should get me on Interpol's top ten list. My mom writes all her passwords on a note pad so she doesnt forget them. How is that hacking? He was just really observant. It seems to me that they're punishing this guy for being able to read and loving his child enough to not live in ignorance and wait for it to destroy the marriage.

This is sounding and awful lot like a man suing the people he just robbed because he slipped on their icy steps while carrying the loot he stole. -_-#

Its just sad that the husband is being punished for loving his kid enough to check his wife's emails (I know, that sounds like dumb logic, buts tick with me). I mean, my gf and I trust each other, so we check each other emails cause we know each other's passwords. We're just really open with each other, and I know, other couples arent like that. I dont know, I just dont see how him confirming his wife is cheating on him, something that shouldnt happen, could be punished with 5 years of jail time because he did the detective work of a 2nd grader's level.

Besides, whats he going to say when he gets to prison? "i'm here cause I checked my wife's email cause I thought she was cheating on me. How long? Oh, five yeras, maybe less with good behavior." I mean, this is exactly whats wrong with hte criminal justice system. You're punishing what should be no more then a slap on the wrist, since the guy only checked what she was saying to the guy he suspected her of cheating with. Its not like he stole her SSN ora nything.

 

[captinhook]

I had to register just to throw my 2 cents in the ring for this one. As much as its not right to be looking threw other peoples email, if it was his wife's, there is NO WAY they can prove that he enter her password in, etc etc. Who's to say she diddnt leave it up on the web browser, and he just diddnt jump on the computer to find out shes a cheating hussy. As a college student, i cant even count how many times i use the library computers and someone left their facebook/myspace/email/other vital website still up and logged into.

TLDR; there is no way he will be doing jail time for this. Cheaters never win.

 

[MelziGurl]

Send the woman to jail for adultery, and give the man a cookie! Honestly this is bullshit! He didn't write an e-mail in her mail, so all he was doing was reading mail. Fuck that!

Why not stone her to death?
Seriously. Adultery is a nasty thing, sure. But it falls within ones personal freedom. It's everyones right to have sex with anyone they want to. Just as it is the husbands right to be pissed.

Personal freedom is limited by the one of other people. As example other people's mail. He should be punished to violating that. But certainly not with jail.

Edit: On a side note: If you want to punish the woman for cheating = exploiting her husbands trust. Then the husband should recieve the same punishment for exploiting his wifes trust (leaving the password around), when he had no proof for cheating. Marriage is fun!

When you marry someone you lose that personal freedom to have sex with whoever you choose to. You want that option, don't get married or live in an open relationship. The husband obviously had his hunches, he wanted closure on the subject and he got it at the expense of her e-mails being read. My ex knew about ALL my private matters why??? Because I had nothing to hide. Had she have been completely honest from the get go it wouldn't have got to this point.