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


Posts: 37833
Joined: 10/12/2007
Status: offline 		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?

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


Posts: 60698
Joined: 11/3/2004
Status: offline 		way overreaching.

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


Posts: 32566
Status: offline 		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. 


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


Posts: 16520
Joined: 9/21/2009
Status: offline 		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...

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


Posts: 37833
Joined: 10/12/2007
Status: offline 		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.

_____________________________

Telling me to take Midol wont help your butthurt.
RIP, my demon-child 5-16-11
Duchess of Dissent 1
Dont judge me because I sin differently than you.
If you want it sugar coated, dont ask me what i think! It would violate TOS.

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


Posts: 16520
Joined: 9/21/2009
Status: offline 		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.)

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I like to think he was eaten by rats, in the dark, during a fog. It's what he would have wanted...
(Simon R Green on the late James Herbert)

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


Posts: 14805
Joined: 8/8/2010
Status: offline
quote:

Is the state overreaching?


Yes

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


Posts: 3897
Joined: 6/16/2004
Status: offline 		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.

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1. Islam and sharia are indivisible.
2. Sharia is barbaric, homophobic, violent, and inimical to the most basic Western values (including free speech and freedom of religion). (Yeah, I know: SEE: Irony 101).
ERGO: Islam has no place in America.

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


Posts: 37833
Joined: 10/12/2007
Status: offline 		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.

_____________________________

Telling me to take Midol wont help your butthurt.
RIP, my demon-child 5-16-11
Duchess of Dissent 1
Dont judge me because I sin differently than you.
If you want it sugar coated, dont ask me what i think! It would violate TOS.

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


Posts: 3897
Joined: 6/16/2004
Status: offline 		Also interesting, to me, that the prosecutor is female.

_____________________________

1. Islam and sharia are indivisible.
2. Sharia is barbaric, homophobic, violent, and inimical to the most basic Western values (including free speech and freedom of religion). (Yeah, I know: SEE: Irony 101).
ERGO: Islam has no place in America.

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


Posts: 37833
Joined: 10/12/2007
Status: offline 		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.

_____________________________

Telling me to take Midol wont help your butthurt.
RIP, my demon-child 5-16-11
Duchess of Dissent 1
Dont judge me because I sin differently than you.
If you want it sugar coated, dont ask me what i think! It would violate TOS.

(in reply to truckinslave)
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RE: Shared PC and Emails - 12/27/2010 2:56:01 PM   
KenDckey


Posts: 4121
Joined: 5/31/2006
Status: offline 		This could turn into a really interesting case.

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


Posts: 19100
Joined: 3/25/2007
From: California, USA
Status: offline 		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.

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


Posts: 33061
Joined: 2/26/2006
From: Central Pennsylvania
Status: offline
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.



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


Posts: 18681
Joined: 11/12/2005
Status: offline 		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

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


Posts: 28072
Joined: 5/2/2008
Status: offline
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.


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The small-breasted ones want larger breasts. The large-breasted ones want smaller ones. The straight-haired ones curl their hair, and the curly-haired ones straighten theirs...

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


Posts: 37833
Joined: 10/12/2007
Status: offline 		Because he is a Tech in the industry. Amazing huh.

_____________________________

Telling me to take Midol wont help your butthurt.
RIP, my demon-child 5-16-11
Duchess of Dissent 1
Dont judge me because I sin differently than you.
If you want it sugar coated, dont ask me what i think! It would violate TOS.

(in reply to DarkSteven)
Profile   Post #: 17
RE: Shared PC and Emails - 12/27/2010 11:22:25 PM   
Phoenixpower


Posts: 8098
Status: offline 		Are your jails running empty over there, when they get the idea to prosecute such stuff by now

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


Posts: 37833
Joined: 10/12/2007
Status: offline 		If you read the other case involving this Prosecuter, you may realize that this case may not come before a Judge either.

_____________________________

Telling me to take Midol wont help your butthurt.
RIP, my demon-child 5-16-11
Duchess of Dissent 1
Dont judge me because I sin differently than you.
If you want it sugar coated, dont ask me what i think! It would violate TOS.

(in reply to Phoenixpower)
Profile   Post #: 19
RE: Shared PC and Emails - 12/28/2010 5:09:26 AM   
rulemylife


Posts: 14614
Joined: 8/23/2004
Status: offline
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.


< Message edited by rulemylife -- 12/28/2010 5:23:42 AM >

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