Legal Question in Technology Law in Texas

Is it legal to read another person's email?

My brother just filed for divorce, since his wife moved out, and I used his computer, the one ''she'' used to chat on with her boyfriends, and managed to retrieve her password for her web-based email account, where I monitored her mail for a couple of weeks. (until she changed the password) Now I have LOTS of proof that she has been unfaithful, but can this evidence be used? Did I break any laws by ''spying'' on her?


Asked on 3/24/01, 9:31 pm

2 Answers from Attorneys

Bruce Burdick Burdick Law Firm

Re: Is it legal to read another person's email?

It is probably only useful as negotiating fodder. The judge is not likely to be impressed with the evidence you have gathered. It may be admissible, but judges don't have time to waste on that stuff, and really don't care too much who is to blame for the breakup unless custody is in issue.

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Answered on 5/30/01, 12:04 pm
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Is it legal to read another person's email?

You have broken no laws as of this time; congress is working on a comprehensive plan to protect the privacy of Emails, but it is not yet law.

The evidence should be admissible, although it may not be necessary as fault is not much of a legal consideration in divorce any more.

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Answered on 5/29/01, 6:57 pm


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