via Martha L. Arias, Director, Internet Business Law Services...
We may not need scientific data to prove that with the increasing use of the Internet, men and women have eavesdropped, or considered eavesdropping, their spouse's e-mails.
Eavesdropping spouses' e-mails may constitute a crime under both federal and state law but careful factual analysis is required. For instance, the United States Code (U.S.C.), title 18- crimes related to interception of wire and electronic communications, may apply to e-mail eavesdropping but there must be an actual "interception" within the meaning of the statute. Also, most U.S. states have criminal statutes penalizing the interception or eavesdropping of electronic or telephonic communications; analysis of technical terms is also required in these cases.
Lastly, some state tort claims may apply to these snoopy conducts; it seems that these claims are easier to win.
18 U.S.C § 2512 makes it a crime to possess, manufacture, distribute, and advertise wire, oral, or electronic communication intercepting devices... A Michigan case illustrates how this federal statute and these state tort claims have been used in spouse cases involving e-mail eavesdropping. In Bailey v. Bailey (2008 U.S. Dist. LEXIS 8565), husband eavesdropped his wife's yahoo e-mail and found compromising information.
As the Bailey's case shows, typifying eavesdropping of e-mails within title 18 of the U.S.C. is not an easy task. Factual analysis and careful review of the term "interception" as interpreted by state law is required. If the spouse's conduct does not qualify as actual "interception," a claim under title 18 may not be successful. Torts claims of invasion of privacy may prove to be more victorious in e-mail eavesdropping cases. (more) (background) (18 U.S.C.)
