The Seventh Circuit revived wiretap claims against a woman who used an email-autoforwarding program to show that the husband she was divorcing had cheated on her.
In a concurring opinion, U.S. Circuit Judge Richard Posner questioned the usefulness of allowing litigants to use the wiretapping law as a means of concealing misconduct.
“I don’t understand why law should promote dishonesty and deception by protecting an undeserved, a rightly tarnished, reputation,” Posner wrote.
Posner also found it relevant that adultery is illegal in Illinois, where the Epsteins are divorcing.
“We might compare Mrs. Epstein to a bounty hunter — a private person who promotes a governmental interest,” he wrote. “She has uncovered criminal conduct hurtful to herself, and deserves compensation, such as a more generous settlement in her divorce proceeding.” more