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I would say the emails are not his to read in the same way that her medical records are not available to him without consent, or her mail is not his to open without consent.
The article is a little light on the details, however. If the computer had a password which she gave him that could be considered consent. If the computer had no password that is like leaving the correspondence on the kitchen table.
So, while I can not say either way on this particular instance, there is a modicum of privacy to be expected. I don't read my wife's emails, and I trust she doesn't read mine. I have nothing to hide but would be upset if she decided she had no need to ask my permission to access my emails.
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[+]meekus1212 [recovered] (1 child) | Copy Link
I would consider leaving a computer logged in but shut equivalent to leaving opened mail on the table for all to see.
However, I would consider leaving a computer on the table requiring a login to access equivalent to leaving unopened mail on the table. In this instance, unless the password was freely given (consent to open) it should be assumed that the significant other does not wish the contents to be accessed.
However, giving access to the password I believe can be considered consent to access. And no, I don't believe that leaving the passwords next to the computer is considered consent. However, I also do not believe that it is hacking.
Just for reference, I believe that opening another's mail without consent is a federal offense:
http://www.law.cornell.edu/uscode/html/uscode18/usc_sec_18_00001702----000-.html
And just for the record, I agree with what most people have stated, that if you don't trust your SO to read your e-mail than there are other issues in the relationship.
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