Video: Man faces 5 years in prison for reading wife’s e-mail
posted at 11:00 am on December 28, 2010 by Ed Morrissey
Can a person check his spouse’s e-mail without running afoul of anti-hacker laws? Apparently not in Michigan, where Leon Walker faces five years in prison as a result of his snooping during an ugly end to his marriage. Today looks at Walker’s investigation of his wife’s alleged infidelity, assisted in no small part by the lack of security on her e-mail account:
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Walker says he conducted his snooping before the marriage fell apart; his estranged wife says it happened months after she filed for divorce. He says she had given him permission in earlier transactions to access her e-mail; she says that he installed a “hacking device” that allowed him to capture the data. The success or failure of the prosecution will probably rest on which allegations are true, and it may be impossible to unravel which competing claims come closest to the truth.
But should the law apply to spouses at all? Michigan is not a community-property state, but at least in those states that assume half-interests in all property acquired or possessed during the marriage (states vary on the application), e-mail would appear to qualify as property, giving spouses an interest. This is no mere academic question either, as spousal snooping is quite common, and not just in formal marriages:
Earlier this year, Retrevo.com, a consumer electronics shopping and review site, polled 1,000 U.S. residents of varying age, gender, income and location to see whether they have ever spied on their significant others’ e-mail. The results showed that 38 percent of those under 25 who are in a dating relationship have “snooped.” Ten percent of the spies in that age group discovered the other person was unfaithful.
Retrevo’s study found that 36 percent of people in committed relationships have spied on a partner’s e-mail and call logs. Of those, only 3 percent found incriminating evidence.
I agree with Today’s analyst, who suggests that if the state wants anti-hacking and privacy laws to apply to spouses, they should write laws specific to that situation. In this case, it seems like a prosecutorial innovation and an application of criminal law where divorce court would be a better forum for adjudication. As Walker’s attorney warns, if we start sticking spouses in prison for snooping on e-mail accounts, we’re going to need a lot more courtrooms and jail cells.
Let’s poll this. Would you snoop on a spouse’s e-mail, and under what circumstances?
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I’m a little nervous about throwing so much trust in an unknown. We’ve been burned a lot by this in the past few years.
Doomberg on March 22, 2013 at 12:05 PM
The liberals will paint him as another Uncle Tom, ala Clarence Thomas or Herman Cain.
Bitter Clinger on March 22, 2013 at 12:05 PM
He needs either education or convincing about 2A before I will give more than lukewarm support.
Plus knowing his core convictions on other matters would be nice–but 2A is a potential deal breaker.
irongrampa on March 22, 2013 at 12:08 PM
I’m sure he’d like to forget that too.
BigGator5 on March 22, 2013 at 12:10 PM
The quoted article is wrong about Levin’s seat being up in 2016 – it’s 2014. As far as other Senate opportunities in the future for Republicans, Stabenow has been very lucky in terms of running in good years and having weak opponents. Hopefully her luck will end in 2018.
BuzzCrutcher on March 22, 2013 at 12:13 PM
A plantation strayer? I think not. Besides, is Carson clean and articulate and can he speak with a Negr0 dialect?
Bishop on March 22, 2013 at 12:14 PM
I really like him, but I think he needs to work on coming across a little less smug. I personally have no problem with how he comes across, but I think others might, so perhaps he could try to employ a little more self-deprecation and humility while campaigning.
bluegill on March 22, 2013 at 12:15 PM
love Amash, but Carson would be better for the cause long term
commodore on March 22, 2013 at 12:15 PM
Screw the Senate. Go for the brass ring, man.
rrpjr on March 22, 2013 at 12:16 PM
If he becomes a serious candidate, the mud against him will be slinging all over the place from the MSM. If the media tried making issues out of Mitt’s dog on the car roof and a high school prank fifty years ago, how much worse would they make it for a ‘race-traitor’ like Dr. Carson?
How many patients did he lose during his career? How did he let that happen? Has he ever been sued for malpractice? What were the circumstances of him changing hospital privileges from one place to another? Surely, libs like Matthews can get ‘in-depth interviews’ with former patients who didn’t like Carson’s bedside manner.
The possibilities are endless!
Liam on March 22, 2013 at 12:18 PM
Depends on what field we ultimately have. Rogers probably gives us the best chance. Amash really should stay put, though I don’t know if he will. If those two both decline, then yeah why not Carson? He could speak well and give a better fight than a moderate like Terri Lynn Land, and I doubt Calley will jump in.
And if the Dems are crazy enough to run Granholm instead of Peters, then I definitely want the best candidate in the race.
Gingotts on March 22, 2013 at 12:22 PM
Isn’t this the guy who essentially said that some forms of gun control were okay depending upon where you lived?
Nah man … sorry. Yeah, yeah – I know he’s the flavor of the month but you guys know I don’t jump on bandwagons.
HondaV65 on March 22, 2013 at 12:24 PM
If I remember correctly, and I may very well not, I think there was some controversy surrounding him at Hopkins a few years ago. Whatever it was, I didn’t pay much attention to it at the time, so I really don’t know if I’m right. I’ll test out my google-fu and see if I come up with anything.
nukemhill on March 22, 2013 at 12:24 PM
Feinstein lost at least 15 out of the 55 in her caucus on the AWB. No need to worry about anything drastic coming any time soon. Remember, this is the Democratic alternative. We need to win this.
blammm on March 22, 2013 at 12:24 PM
Mike Rogers seems to be the strongest second amendment advocate of all those listed in the article. Mike Rogers statement–
fourdeucer on March 22, 2013 at 12:24 PM
I’d love to see this happen.
The “surgeon to president” track seems too iffy to me, but I could definitely envision him getting into the Senate. It would also give us a chance to watch him for 6 years, learn more about where he actually stands on a range of issues, and give him time to get up to speed on the political process if that’s where his heart is now.
cs89 on March 22, 2013 at 12:24 PM
As opposed to all the stellar “knowns”: Mitt Romney, John McCain, George W. Bush, Bob Dole…
P.S. Yes, George W. Bush.
Bat Chain Puller on March 22, 2013 at 12:25 PM
Exactly, as a conservative constitutionalist with libertarian leanings, the 2nd amendment is my litmus test for all potential political candidates. Dr. Carson is a man worthy of great respect in many ways, but if he maintains his current 2nd amendment position then I would just as soon he remain a civilian citizen.
SWalker on March 22, 2013 at 12:25 PM
Not as good as Hillary Clinton does.
Schadenfreude on March 22, 2013 at 12:25 PM
I’d much rather see him run against Barbara Mikulski in 2016. Yes, Maryland is approaching full blue-tard, but Mikulski’s a classic way-too-old, out-of-touch incumbent who would crumble if challenged by a serious, well-funded contender. Ben Carson is a local icon in Baltimore, and if he can hold down the Baltimore County margins Mikulski gets, and splinters a larger-than-Republican-normal portion of the AA vote in the DC suburbs, he could win.
Robert_Paulson on March 22, 2013 at 12:28 PM
I must be thinking of someone else. The only thing, other than his recent “controversial” public take-down of Obama, is that he was diagnosed with prostate cancer in ’02. You can bet the media-elite will try to make hay with that, though.
nukemhill on March 22, 2013 at 12:28 PM
Follow the names, as soon as they release them.
Schadenfreude on March 22, 2013 at 12:29 PM
Everyone thought Colin Powell was a great Republican choice until his spots came through when SOS. I think we need to hear a bit more from Dr. Carson. So far I like what I hear.
iamsaved on March 22, 2013 at 12:29 PM
Sorry, but you don’t seem to understand how the Marxist Democrat do things. Feinsteins AWB was always intended as a fear tactic, it’s purpose was to make the “Universal Firearms Registration” seem like a small issue. It succeeded…
SWalker on March 22, 2013 at 12:30 PM
Approaching???? Oh, we crossed that rubicon years ago.
This state is pathetic. If we weren’t tied down here with family and school, we’d have moved to friendlier environs many moons ago. I can’t stand MD.
nukemhill on March 22, 2013 at 12:32 PM
I assume he will be labelled an Uncle Tom, assuming he hasn’t been already.
farsighted on March 22, 2013 at 12:34 PM
Well put. He ‘spent time’ there without actually doing anything.
slickwillie2001 on March 22, 2013 at 12:40 PM
Irongrampa – are you a Michigander? We’re talking about a state-wide race, for a formerly Dem seat Perhaps Carson can make an impact with inner-city Detroit blacks. If he runs, and wins, and the R’s take control of the Senate (I can hope for change!) then there won’t be any gun-control bills coming to the floor to worry about. Plus, he would likely vote with the coalition. Let’s have a primary there and see who wins the R nomination, and then support that person over the Dem nominee.
ConservativeinCO on March 22, 2013 at 12:45 PM
There aint a liberal bone in Dr Carson’s body. When you have someone who speaks the way he does about taxes (10% tithe), health care (health saving accounts exclusively), the debt (immoral), God (always acknowledges), and affirmative action (against), I dont see what all the gruff is about. No one is going to follow you lockstep. That’s the problem with some people here.
He says something slightly off their key and they crucify him. Forget everything else he says, his position, his books, and his advocacy. Forget all that! The real courageous conservatives are right here on this thread. Please.
And those comparing him to Colin Powell are asinine. You just have not been paying attention. I hope he runs for whatever office he pleases. The GOP should be recruiting this guy day and night to represent it. We can only be so lucky that he chooses to run for office. We need more Dr. Carson’s willing to run, but with holier than thou conservatives, I don’t blame them for not even bothering.
milemarker2020 on March 22, 2013 at 12:46 PM
Quite frankly I don’t think they will be that kind to him…..the Left isn’t that nice and considerate anymore. Just envision in attack ads, Carson as a hoodie wearing Satan from that Bible movie.
To the Left, a prominent outspoken conservative black running for office really is the devil incarnate, and a runaway from the liberal plantation that must be punished in the most extreme.
hawkeye54 on March 22, 2013 at 12:47 PM
Hehe, I’ve holding out hope for a revival.
Robert_Paulson on March 22, 2013 at 12:47 PM
Crawl back into your liberal echo chamber hole.
SWalker on March 22, 2013 at 12:51 PM
Teaters wouldn’t vote fer him………
and he won’t run.
PappyD61 on March 22, 2013 at 1:01 PM
So far, African American Republicans have been nothing but disappointment. Even the best of them turned out either melanine-first activists or abject failures, sometimes both. The only notable exceptions were Justice Clarence Thomas and Senator Tim Scott, and the latter hasn’t smelled much gunpowder yet. Call me racist if it rocks your boat, but I’d be wary of promotion more blacks without thorough vetting.
Archivarix on March 22, 2013 at 1:01 PM
Michigan could use some awesomeness.
;)
Ladysmith CulchaVulcha on March 22, 2013 at 1:03 PM
Yeah it is becoming the thing with many people in the conservative base… They are as much emotionally driven as the left…
mnjg on March 22, 2013 at 1:06 PM
Admire Dr Carson..a wonderful messenger
But I don’t see him entering the political arena as a candidate.
Why should he? He can accomplish so much more spreading his conservative, hard work ethic message.
He’s actually too good to be a pol. And he wouldn’t do well.
Redford on March 22, 2013 at 1:07 PM
I like Carson. He’s been a quiet hero of mine for years. And knowing a smidgeon of corporate politics at Hopkins I’d say he has to be very politically savvy to have risen there as he did.
But I wonder if he, with a grudging God-has-to-pull-me-in-by-the-hair attitude to politics would be willing to fight to the death in a campaign (the way Caddell says conservatives must).
Could he bring himself to fight like Al Franken? Would he stuff the ballot boxes and smear his opponent? Does anybody want an honest man in Detroit? He may actually be just too good for politics.
flicker on March 22, 2013 at 1:27 PM
Carson would have a much easier time winning in Michigan than in the Peoples Republik of Maryland. Michigan has a RINO governor and the GOP controls both houses of the state legislature and the majority of U.S. House districts.
bw222 on March 22, 2013 at 1:52 PM
What’s Carson’s foreign policy and defense doctrine?
crosspatch on March 22, 2013 at 1:57 PM
HopeHeFails on March 22, 2013 at 2:06 PM
Jeez people, stop with the “Carson is bad with 2A” bs. All he said was that states should do their own bidding. Your all taking this to mean he wants more gun control, I took it to mean he doesn’t want the federal government passing blanket laws that would hurt every state. If whackos in MA want to be strict with their guns then cool, but he wouldn’t let them bring it to the federal level.
That is good enough for me. A President who is going to leave things to states is an ideal President. As court precedent stands the President is supposed to let states pass their own gun laws any ways. It isn’t up to the President to call a states laws to strict. It is up to those states, the people in them, and the courts.
eski502 on March 22, 2013 at 2:11 PM
Liberals don’t think a doctor should make money saving lives, that’s how they attack him.
Wagthatdog on March 22, 2013 at 2:22 PM
He supports Rand for Prez right now. Not sure if that hints at policy or not.
On the question of what to run for, I say he should just shoot for the top. This man is too good for Congress.
eski502 on March 22, 2013 at 2:33 PM
YES
YES
YES
YES
YES
YES
YES
YES!
KOOLAID2 on March 22, 2013 at 5:12 PM
A message of lower taxes and smaller government, if it keeps coming from white people, will doom the Republican party, and by extension, the country. The sooner we accept that, the better.
exhelodrvr on March 22, 2013 at 5:35 PM