Ride the Lightning
Cybersecurity and Future of Law Practice Blog
by Sharon D. Nelson Esq., President of Sensei Enterprises, Inc.
NEW YORK SAYS WIFE MAY USE HUSBAND'S E-MAILS AT TRIAL
May 20, 2009
A New York judge recently ruled that an estranged wife could introduce copies of her husband's e-mail as evidence of her allegations that he was lying about his income.
The husband was not overly smart, to be sure. Apparently, he had given his wife permission to use his account – and once they separated, he had never explicity revoked permission to access his e-mail account nor had he changed his password (that last part being inexplicably stupid).
Once again (same old story), the husband tried to use the state wiretapping statute (called "eavesdropping" in N.Y.) to keep the evidence out. Unfortunately for him, his wife wasn't intercepting his e-mail, she was accessing it in storage. The judge's reading of the law was correct – without interception, the e-mails had to come into evidence.
So, if the e-mails support the wife's position that her husband colluded with his accountant and former business partners to misrepresent his income, he is, basically, toast – by virtue of his own foolish inaction.
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