Sunday, June 17, 2012

Wiretap Law May Soon Include Email Snooping

Adel Abadir and Annabelle Zaratzian got divorced. It came out later that Adel knew too much about his ex-wife's income. He had placed spyware on her computer which secretly forwarded all her emails to him. She sued...

Zaratzian’s suit — first filed Dec. 3, 2010, in U.S. District Court in White Plains — is one of the first in the country to allege a more eye-opening charge: wiretapping, an accusation more reminiscent of Watergate and the Cold War than an otherwise run-of-the-mill divorce case.

Zaratzian’s definition of wiretapping depends on a novel legal theory, that auto-forwarding email represents a “contemporaneous” interception of electronic communications, and experts have been mixed on whether that definition will ultimately prevail in the courts. But if it does it could be the beginning of significant new interpretation of the law, opening up new legal avenues for those looking to sue, in addition to potentially more criminal prosecutions under federal wiretapping statutes, which haven’t been updated since a 1986 revision...

The case is now scheduled for a status conference June 18, before a potential trial later this year. (more)