Unauthorized Use of Passwords and PIN(s) in Divorce Actions

By Mark Gruber, Esq., J.D., L.L.M.


Unauthorized Access to Stored Computer Files - Password or PIN(s)


When one spouse accesses stored computer files or e-mails utilizing the other's Password or  PIN(s) without their permission, it may be a violation of the Wiretap Statute, if the information is in the transmission stage and not in post-transmission storage. In addition, t here is a common-law tort of invasion of privacy or invasion of seclusion. This unauthorized access may also invoke criminal penalties for computer related theft.


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