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Man Faces Prison for Reading Wife's E-Mail

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Michigan resident Leon Walker did what millions of other Americans have either done or have thought about doing: He snooped into his wife's email because he suspected her of having an affair. While it turns out that he was right, Walker now faces up to five years in prison for hacking into his wife's account.

Leon's wife, Clara, was having an affair with her second husband, who'd been arrested in the past for beating her in front of her child (yes, you're probably thinking what I'm thinking). After finding the e-mail, Walker contacted Clara's first husband, the man who fathered the child, who then filed an emergency order of protective custody to get his child back. That was when Leon's wife filed a lawsuit against him.

The criminal charges are contingent upon a Michigan law that makes it illegal to access protected computer networks "intentionally and without authorization." While prosecutors claim that the law can be applied, there are defense attorneys who believe that the law is being applied to the wrong scenario.

"I've been a defense attorney for 34 years and I've never seen anything like this," said attorney Leon Weiss. "This is a hacking statute, the kind of statute they use if you try to break into a government system or private business for some nefarious purpose. It's to protect against identity fraud, to keep somebody from taking somebody's intellectual property or trade secrets."

One point of contention is that while Clara claims that the computer belonged to her, Leon is the one who purchased it. He also says that she kept her passwords in a book next to the computer. Finally, Leon argues that he was justified in sending the e-mails to Clara's first husband because it was a matter of protecting the child from the man who'd battered his wife in the past.

This case was interesting because it applies to the millions of Americans in relationships where one partner isn't sure if the other one is being faithful. It also reminds us that seemingly petty relationship issues can have very real long-term financial implications. While this situation is certainly a matter of the heart, it has now led to a prolonged and expensive legal battle that may land a man in prison. Yes, this was one of those sticky "Financial Lovemaking" issues.

The age of the Internet has forever changed the way relationships work. While there was a time when women like Clara might never see her many ex-husbands and ex-boyfriends again, she now lives in a world where every ex-boyfriend is just an email or Facebook friend request away. Keeping up with all this can drive the jealous spouse insane, as there countless stories of people stalking out their partner's Facebook pages, breaking into their e-mails and checking their phones when they're not looking. Personally, I think it's just too much. The reality is that you can't keep up with everything your partner is doing or every relationship they have. You might as well accept the fact that this is no longer 1990, and you can't keep inventory on every aspect of your partner's life. If there is no trust in your relationship, then you may need to simply let that person go, it's really as simple as that.

Dr. Boyce Watkins is the founder of the Your Black World Coalition and a Scholarship in Action resident of the Institute for Black Public Policy. To have Dr. Boyce's commentary delivered to your e-mail, please click here.

 

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