Legal Question in Technology Law in California

Unauthorized posting of private emails

I have strong evidence that one particular individual had broken into

our hotmail account and forwarding our private emails to others.

I have the following questions:

- Do I have legal basis to stop him from posting more emails.

- How can, if any, he be liable for the damage that he had done to us so far.

Thank you very much.


Asked on 10/09/03, 6:12 pm

3 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Re: Unauthorized posting of private emails

Your emails are presumptively private, and normally a person who gains unauthorized access to your email can be sued for invasion of privacy. Distribution of the emails would increase the damages but it would still be a privacy case. Depending on what the messages said it could also amount to other torts.

As to stopping him in the future, why not just change your password? That's usually pretty efective.

Your question suggests that there is something unusually damaging about the emails he is spreading. Without knowing what they contain, there is not much more I can tell you.

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Answered on 10/09/03, 6:46 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Unauthorized posting of private emails

The answers are yes, and yes.

The keys to recovery in court are proof that the culprit involved actually did these things, and that you suffered some kind of compensable harm (legal damage) as a consequence.

Unless you have been defamed or suffered non-speculative financial harm you may not get more than nominal damages or a cease-and-desist order.

The formal causes of action to allege in a civil complaint would depend upon the nature of the harm done and your relationship to the culprit. For example, if he is a business competitor, you go one way; if he is merely interfering in your opportunities out of meanness, there are other causes of action to allege (e.g. intentional interference with prospective economic advantage).

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Answered on 10/09/03, 6:48 pm
Christopher M. Brainard, Esq. C. M. Brainard & Associates - (310) 266-4115

Re: Unauthorized posting of private emails

I need to see all the facts, but it looks actionable on an invasion of privacy claim. My rates are reasonable. www.christopherbrainard.com

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Answered on 10/10/03, 3:38 am


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