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Do Computer “Unlawful Access” Laws Exempt Improperly Accessing a Spouse’s Account?

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2 Responses

  1. Bruce Boyden says:

    “It seems to me that spouses should not be given special exemptions to hack into each other’s accounts.” I agree, and this is consistent with the conclusion that courts eventually came to with respect to tape recording spouses’ phone calls, after a few years in the early 1970s of recognizing a non-statutory spousal exception to the Wiretap Act.

  2. Jonathan Keim says:

    It looked like the cross-exam was trying to show that a cloud app like Gmail was not a “network” or “system” covered by the statute. Though it didn’t work with this statute (“network” includes “a complex consisting of 2 or more interconnected computers,” which methinks would clearly cover a cloud), There may be other state statutes that are vulnerable to that latent ambiguity.