Legal Question in Technology Law in California

Email Theft

Someone had recently copied my password to my email account. This person

for the lst two months tracked my whereabouts, transactions, correspondence.

This person kept this information and shared it with others. How can I

protect my self from this person and what would be my legal action to take

against this person.


Asked on 4/17/06, 1:31 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Email Theft

The answer may depend in part on whether the e-mails were intercepted when transmitted (as by having them directed to the interceptor's computer address) or whether they were pulled up from storage on your computer. In the former case, it would be illegal under the federal wiretap law; in the latter case, a different federal law would apply, I believe it is called the Stored Communications Act.

California also has an anti-wiretap law that may be broader than the federal law; see Penal Code section 631, and also P.C. 637.2 which gives you a civil cause of action for violation of 631.

There may be other laws that apply, but this is what I've found in about 1/2 hour of research.

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Answered on 4/17/06, 5:45 pm


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