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My brother is breaking into my mother's computer (he knows the password) and reads her email from his own computer in a different state. She lives in Connecticut and he lives in Florida. Without my permission, he reads confidential letters I send her. The letters contain sensitive information. Can he legally do this without my consent?

Edited by Customer (name blocked for privacy) on December 6 2006 at 1:37 AM

Customer (name blocked for privacy)

Status: Closed Value: $15

As you sent those messages to your mother, they are no your mother's property and your consent is not required. To ensure you have a right to consent, you will need to write a disclaimer on each email you send her where it states that you do not consent for anyone else to read the messages you send her.

If your mother does not consent to his son access her computer she should change passwords. Your mother has the legal right to file suit against her son for invasion of privacy and tresspass.

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Reply to Lawyer, Broker 's Post: If I've written "confidential" on the subject heading and he reads it, is that enough?

Thank you for your reply. Confidential is fine. But Add something like this:

The following information is confidential and only intended for the recipient. The sender has not consented that anyone other than the intended recipient read these messages and requires the senders consent before this message can be read by anyone else. Failure to obtain the senders consent can result in potential civil liability.

This is only legal/research information. Consult a local lawyer for specific legal advice. No Attorney Client relationship has been created. Don't Forget To Click ACCEPT.

Reply to Lawyer, Broker 's Post: Where would I put the statement you mentioned. If it's inside the letter, he'll open the letter before he reads the statement. But maybe putting "confidential" in the heading, along with the statement inside is what you mean. Lawyers put statements like this at the end of their letters meaning that the recipient can't share information with a third party. Maybe his reading a letter marked this way would be like my mother passing along confidential info? Could I nail him this way? We are in a serious business conflict. He needs a serious wake-up call.

Edited by Customer (name blocked for privacy) on December 7 2006 at 1:46 PM

Thank you for your reply. Yes, placing the words confidential before he opens the letter is right on. I was only focusing on the letter itself. Sorry about that. Further, another expert has advised me that he is also in potential violation of the Wire Tap Act. However if your mother is allowing this that might not fly. Please have your mother change her password and add in your disclaimer the issue of the Wire Tap Act. But you are correct, by putting confidential on your email heading it warns him to be cautious before he prys open your mother's email.

This is only legal/research information. Consult a local lawyer for specific legal advice. No Attorney Client relationship has been created. Don't Forget To Click ACCEPT.

Relist: I still need help.

My mother hasn't given permission, but she wouldn't prosecute. He is in Florida at the University. Could Florida laws be stricter than the U.S. Code?

Fla. Stat. 815.06 Offenses against Computer Users

Whoever willfully, knowingly, and without authorization accesses or causes to be accessed any computer, computer system, or computer network; or whoever willfully, knowingly, and without authorization denies or causes the denial of computer system services to an authorized user of such computer system services, which, in whole or part, is owned by, under contract to, or operated for, on behalf of, or in conjunction with another commits an offense against computer users.

Hi:

Actually when there are two laws that might conflict each other the Federal law will control, in this case the US Code.

The main issue here however is not what law would apply, it is the fact that your mother will not prosecute her own son. It is up to her to change her password. Put yourself in her shoes. It is her son and eventhough your brother is doing wrong she wants to keep the peace. This is why I ask that you tell her to change her password so that he no longer has access to it.

Now, if he continues to read your emails despite the disclaimers you have placed in your emails to your mother and you are aware that he has read your emails you personally can ask your brother to stop as you have not consented for him to read these emails. You can tell him that he is invading your privacy as these emails are yours and not your mothers and he is intruding upon them despite the disclaimers.

Further, the district attorney is the one who prosecutes as it protects the public. This means that anyone who knows of someone violating the law can report it to the district attorney for further investigation and if there is anything that warrants prosecution, the district attorney will take it upon themselves to prosecute with or without the consent of anyone.

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This is only legal/research information. Consult a local lawyer for specific legal advice. No Attorney Client relationship has been created. Don't Forget To Click ACCEPT.

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