Leeds Morelli & Brown: A Commentary on Sarah Palin’s Hackers

September 19th, 2008 by C.J. LeClaire

Palin’s Email Hacked

 Earlier this week, computer hackers broke into the private e-mail account of Governor Sarah Palin, the Republican vice presidential candidate.  The hackers posted some of her messages and a long list of contacts on the internet.  The FBI and secret service have launched an investigation, as it is a federal crime under the Electronics Communications Privacy Act to intentionally intercept a wire, oral, or electronic communication through the use of an electronic, mechanical, or other device.  The attorneys at the law firm of Leeds, Morelli & Brown, P.C. have seen this type of activity in divorce proceedings, where a spouse taps into an e-mail account in an attempt to uncover an extra marital affair.  Although it may be tempting to break into a spouse’s e-mail or eavesdrop on a conversation, such behavior is unlawful and an invasion of a person’s privacy. 
 
 It is not to say there aren’t lawful avenues to take when introducing a cheating spouse’s e-mails as evidence in a divorce proceeding.  In a recent divorce proceeding in Manhattan, New York Supreme Court Justice Saralee Evans ruled that a wife had broken no laws by accessing files on her husband’s computer which she had recovered from the trunk of a family car.  While looking for financial information on the hard drive of the computer, the wife uncovered evidence of her husband’s affair, including a number of salacious instant message conversations.  Although the husband attempted to suppress these conversations, the New York Supreme Court judge ruled that the wife’s actions did not constitute computer trespass or using a computer without authorization, as the files were on a readily accessible computer.

 The attorneys at Leeds, Morelli & Brown, P.C. find that most divorces cases involve some kind of electronic communications.  Due to the ever changing laws governing the admissibility of this kind of electronic evidence, divorce lawyers are expected to remain current in this area of the law.  The attorneys at Leeds, Morelli & Brown are experienced have worked with clients in Nassau and Suffolk counties, as well as Manhattan, Queens, Brooklyn, Bronx, and Staten Island on this very issue.  For any questions concerning divorce or other domestic relations matters, contact an attorney at the Leeds Morelli & Brown P.C. law firm for a free consultation at 1-888-556-2529. Leeds Morelli & Brown P.C.’s divorce website is located at www.lbdivorcelaw.com

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