Shared PC and Emails (Full Version)

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tazzygirl -> Shared PC and Emails (12/27/2010 1:24:51 PM)

Seems a man in Detroit may go to jail for up to five years for finding his wife's passcode in a book and reading her emails, where he discovered she was having an affair, resulting him in filing for divorce.

The Detroit Free Press is reporting that a Michigan resident could face five years in prison for reading his wife�s e-mail. 33 year old computer technician Leon Walker had been snooping through wife Clara Walker�s Gmail account after finding her password written in a book next to their shared laptop, and by doing so discovered that she had been having an affair with an ex-husband. In response, Clara filed for divorce and had her now ex-husband arrested.

Leon is being charged with a felony under Michigan statute 755.795. The law is most often used in cases concerning identify theft, but will be applied to Leon when he goes to court February 7 – the first time it’s ever been used in a domestic case. And experts are saying that the “gray area” surrounding the circumstances of the situation could make it difficult for the prosecution. At the time, Leon and Clara were living together and sharing the computer in question. The defense attorney, Leon Weiss, argues that the statute is being used incorrectly. “This is a hacking statute, the kind of statute they use if you try to break into a government system or private business for some nerfarious purpose. It’s to protect against identity fraud, to keep somebody from taking somebody’s intellectual property.”

Many legal professionals are shocked by the lawsuit, but a jury will ultimately decide whether or not Leon Walker does time.

Is the state overreaching?



mnottertail -> RE: Shared PC and Emails (12/27/2010 1:26:14 PM)

way overreaching.



LadyPact -> RE: Shared PC and Emails (12/27/2010 1:29:44 PM)

Yes, I do believe it is.  The computer is shared property.  Unless she's got a pre-nup saying that her email and account are hers, it belongs to both of them.

Funny.  A greater crime to read your spouse's email than it is to be screwing around behind the spouse's back. 



Moonhead -> RE: Shared PC and Emails (12/27/2010 1:34:38 PM)

I thought that.

Hopefully the case against the lad won't stand up too well in court: it isn't like anybody would have batted an eyelid if he'd paid a PI to crack her email account looking for dirt, after all...



tazzygirl -> RE: Shared PC and Emails (12/27/2010 1:36:54 PM)

They called him a hacker. Yet, she wrote the passcode and left it where he could find it. Mine are written down no where. But i also leave my emails and other accounts open on the PC. The man has instant access if he chooses.

I dont see this as hacking. Just being nosy.



Moonhead -> RE: Shared PC and Emails (12/27/2010 1:39:02 PM)

I think you have a law against looking at somebody else's password protected internet thang.
(I doubt that he's big on model railways, though.)



kalikshama -> RE: Shared PC and Emails (12/27/2010 1:52:02 PM)

quote:

Is the state overreaching?


Yes



truckinslave -> RE: Shared PC and Emails (12/27/2010 2:18:38 PM)

I'd hate to be the DA responsible for finding a jury (of men) who would vote for conviction.
Wonder who the DA is, and why they're prosecuting.



tazzygirl -> RE: Shared PC and Emails (12/27/2010 2:28:00 PM)

A bit more from the Detroit Paper.


Leon Walker was Clara Walker's third husband. Her e-mail showed she was having an affair with her second husband, a man who once had been arrested for beating her in front of her small son. Leon Walker, worried that the child might be exposed to domestic violence again, handed the e-mails over to the child's father, Clara Walker's first husband. He promptly filed an emergency motion to obtain custody.


Oakland County Prosecutor Jessica Cooper defended her decision to charge Leon Walker.
"The guy is a hacker," Cooper said in a voice mail response to the Free Press last week. "It was password protected, he had wonderful skills, and was highly trained. Then he downloaded them and used them in a very contentious way."


"I have to ask: 'Don't the prosecutors have more important things to do with their time?' "

http://www.freep.com/article/20101226/NEWS03/12260530/Is-reading-wife-s-e-mail-a-crime?-Rochester-Hills-man-faces-trial#ixzz19LyXJLHC

The original story. Interesting that the prosecuter is more concerned about this hacking crime that wasnt hacking than the safety of the child.



truckinslave -> RE: Shared PC and Emails (12/27/2010 2:32:05 PM)

Also interesting, to me, that the prosecutor is female.



tazzygirl -> RE: Shared PC and Emails (12/27/2010 2:40:50 PM)

I wouldnt take this case as a prosecutor. Im sure many females wouldnt. This isnt a sex issue. Its an intelligence issue. Take for example the following...

Call it a casaulty of the "CSI" generation. All the evidence pointed to an apparent murder, and it made for a good story worthy of TV.

When Farmington Hills police officers searched Lloyd and Laura Johnson's home when the former died, they found bloody sheets, surgical equipment, human tissue and a dead dog.

Laura Johnson also had a history of mental illness, and Lloyd Johnson was once charged with domestic violence. Laura Johnson was charged with second-degree murder.


"I couldn't make this stuff up," Oakland County Prosecutor Jessica Cooper said during the time of the investigation.


Now, those charges may be dropped since a medical examiner determined that Lloyd Johnson died from an old boating injury he never recovered from -- something that wasn't known when Cooper filed suit.

"How do you charge somebody before you have a diagnosis of cause of death? Maybe they know more than I do. Probably. I hope so," forensic pathologist Dr. Werner Spitz told Fox 2 recently

http://www.mlive.com/news/detroit/index.ssf/2010/09/did_oakland_county_prosecutor.html

Thanks for inducing me to look further. She seems like a real piece of work.



KenDckey -> RE: Shared PC and Emails (12/27/2010 2:56:01 PM)

This could turn into a really interesting case.



TheHeretic -> RE: Shared PC and Emails (12/27/2010 7:19:00 PM)

I will have to pass this along to my cousin. When the psycho-bitch left him, she took the computer. While he was here, he decided to check his email for the first time in months, only to discover she had taken over his address, and was using it for dating sites.

We had been drinking, and are evil enough when cold sober. That didn't work out well for her at all.



pahunkboy -> RE: Shared PC and Emails (12/27/2010 7:22:24 PM)

quote:

ORIGINAL: kalikshama

quote:

Is the state overreaching?


Yes



Well- since you seem to think this- I happen to agree.  If this were a postal letter- there would be no charges- as the happy couple are considered one under the law.





Termyn8or -> RE: Shared PC and Emails (12/27/2010 7:44:27 PM)

Many people have others open their postal mail. They're not suppoed to if it is marked personal and confidential. I wonder if and how this applies.

T



DarkSteven -> RE: Shared PC and Emails (12/27/2010 11:07:01 PM)

quote:

ORIGINAL: truckinslave

Wonder who the DA is, and why they're prosecuting.


Me too.  The DA will be remembered for their conviction percent.  This should be a well publicized case in which she loses and loses big.

Note that this is Detroit - there shouldn't be any lack of legit crimes to chase.

quote:

ORIGINAL: tazzygirl

Oakland County Prosecutor Jessica Cooper defended her decision to charge Leon Walker.
"The guy is a hacker," Cooper said in a voice mail response to the Free Press last week. "It was password protected, he had wonderful skills, and was highly trained. Then he downloaded them and used them in a very contentious way."



WTF?  The guy saw a password and used it.  She's making it sound like he did some sophisticated trickery to crack the code.



tazzygirl -> RE: Shared PC and Emails (12/27/2010 11:09:38 PM)

Because he is a Tech in the industry. Amazing huh.



Phoenixpower -> RE: Shared PC and Emails (12/27/2010 11:22:25 PM)

Are your jails running empty over there, when they get the idea to prosecute such stuff by now [8|]



tazzygirl -> RE: Shared PC and Emails (12/27/2010 11:27:25 PM)

If you read the other case involving this Prosecuter, you may realize that this case may not come before a Judge either.



rulemylife -> RE: Shared PC and Emails (12/28/2010 5:09:26 AM)

quote:

ORIGINAL: truckinslave

Wonder who the DA is, and why they're prosecuting.


Most likely political ambitions.

A controversial application of the law will get her name in the news whether the case is won or lost.



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