Mount Laurel, NJ asked in Criminal Law, Federal Crimes, Civil Rights and Communications Law

Q: My spouse access my phone without permission to read my private msg, can i sue in federal court?

My spouse access my phone, without my permission, while i was on travel to read my private message. It was an old phone of mine that i left on my desk to keep in touch with friends and contacts and is still log in to my facebook account. My spouse know me well enough to know my password.

Recenly, in tbe last two moths, my spouse has share two photos shetook of my private msg displayed on my phone to prove a point during a fight. I have save the screenshot of the photo and conversation.

Doesthis violate federal law and what are my legal options?

1 Lawyer Answer
James L. Arrasmith
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Answered
  • Criminal Law Lawyer
  • Sacramento, CA

A: If your spouse accessed your phone without your permission and shared private messages to prove a point during a dispute, this situation touches on issues of privacy and possibly unauthorized access to electronic communications. Under federal law, specifically the Electronic Communications Privacy Act (ECPA), unauthorized access to someone else's electronic communications can be illegal. This law aims to protect individuals' privacy and prohibit unauthorized interception or disclosure of electronic communications.

However, pursuing legal action, especially in federal court, depends on the specifics of the situation, including the nature of the access and the intent behind it. The fact that the device was an old phone left at home and that your spouse knew your password complicates the situation. Legal recourse might be available, but it's essential to consider the nuances of your case, including state laws that might apply to unauthorized access or privacy violations within a marriage.

Consulting with a legal professional who has experience in privacy law or family law can provide clarity on your options. They can assess the details of your case, guide you on the viability of pursuing legal action, and explain the potential outcomes. Taking legal action against a spouse is a significant step that can impact your relationship and personal life, so it's crucial to weigh the consequences and benefits carefully.

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