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  1. #1

    Angry Legality of Accessing Email and Accounts with Saved Passwords on Borrowed Cell Phone

    My question involves criminal law for the state of: Arizona

    I had a friend use my cell to access his facebook and through no action of my own, his password was saved on my phone. I was later able to access his private messages on facebook and saved a picture of my cell screen with one of the messages about myself that he sent to another person.

    Was that illegal since I did not hack his account?

    If not, would it be illegal to share the photo of my screen with the message clearly displayed?

    After a nasty break up and him spreading multiple lies about me, this message would clearly show that he is the one lying and I am not lying, as he has accused me of doing.

    Edited to add: I had not intended to access his account when I did so, but once in there, couldn't resist looking around. I know it is unethical, but that is not the question. Is it illegal? I clicked on MY link to MY facebook and his account came onto my screen since he was the last one to use my cell to visit the site the day before. There was no original intent to access the account, and there was no phishing for passwords, etc.

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: Legality of Accessing Email and Accounts with Saved Passwords on Borrowed Cell Ph

    So, basically, you captured his email address by virtue of his mistake (assuming you didn't intentionally capture it without his knowledge), and wonder if that gives you the perpetual, legal right to snoop in his accounts? No, it does not. You don't have permission.

    I was reading the other day about an ex-husband who is being prosecuted for snooping in his wife's online email account - he found evidence of an affair that led to the divorce, but ended up charged with a crime.

  3. #3

    Default Re: Legality of Accessing Email and Accounts with Saved Passwords on Borrowed Cell Ph

    First of all, I don’t mean to sound snooty or ungrateful for your assistance, but I don't think you answered the LEGAL question – or at least not specifically enough for my comfort level. I need to know the specific law – if there is one, and for AZ specifically – relating to accidental access to a password protected account and viewing messages within.

    The back story is my ex boyfriend is making slanderous and libelous comments about me and I would like to defend myself with the proof I happened to see that day. However, in reality, even though I am legally entitled to request that someone press charges against him, I cannot REALLY take this petty slander/libel matter to a court of law. (Or at least not without spending thousands of dollars on the effort.) I simply would like to expose the proof that I have that proves he is lying (and I am not) to those I know he has spread these lies to. .

    Second, I have seen that recent article you mentioned and the problem that man is having is they are saying he PURPOSELY hacked into his estranged wife’s email account based on his technical skills they know he possesses. My issue is not a case of purposely hacking into an account, nor was it done after the relationship was over or even in trouble. This happened in the middle of everything still going on and I did NOTHING to purposely make this happen.

    Third of all, it’s not like I’m still logging into the account and checking things. As I stated, this happened while we were together, and I have already discussed what I saw with him back then. He had previously given me (at the time, intended to be permanent) access to his personal email account to do him a favor. I advised him that he may want to change his password when I was done, but he stated he had nothing to hide.

    In the case I’m asking about, this wasn’t his email, but it was Facebook, so I don’t know if the LAWS are different, but it seems the same in principle.

    The thing he doesn’t know is that I retained photographic proof of what I saw – because it was SWEET at the time. (It was him discussing wanting to get married and what was standing in the way of that at the time.) I need to know if I can reveal this photo I have without INCRIMINATING myself for something entirely different. I would love vindication, but not at that price.

  4. #4
    Join Date
    Feb 2010
    Location
    CT & IL
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    5,273

    Default Re: Legality of Accessing Email and Accounts with Saved Passwords on Borrowed Cell Ph

    Could be federal law too ... hey, OP you are the one doing this wrong activity (many court cases in this respect recently --- google this in the news & you find the citations you desire).

  5. #5

    Default Re: Legality of Accessing Email and Accounts with Saved Passwords on Borrowed Cell Ph

    Quote Quoting tristeamante
    View Post
    I need to know the specific law – if there is one, and for AZ specifically – relating to accidental access to a password protected account and viewing messages within.
    Anyone??????

  6. #6
    Join Date
    Jan 2008
    Location
    Toledo, OH
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    16,307

    Default Re: Legality of Accessing Email and Accounts with Saved Passwords on Borrowed Cell Ph

    With YOUR attitude?

    Good luck with that. Mr. K provided you with an answer already. You didn't have explicit permission to access that account, so accessing it was not legal.

  7. #7
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Legality of Accessing Email and Accounts with Saved Passwords on Borrowed Cell Ph

    There is no "If he's saying nasty things about you, the law magically goes away and it's legal for you to access his accounts without permission" exception in the law.

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