Voicemail Law

What is the name of your state?
New york

i was with my fiance for 4 years, about a year ago, we broke up...he had all my passwords for everything.. I changed most of my passwords, but forgot change my voicemail's password...I believe that he has been checking my voicemail... Can I get him in trouble with the law ?

Ms.Kahn said:

What is the name of your state?
New york

i was with my fiance for 4 years, about a year ago, we broke up...he had all my passwords for everything.. I changed most of my passwords, but forgot change my voicemail's password...I believe that he has been checking my voicemail... Can I get him in trouble with the law ?

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What did he do that was illegal? You need to change the password and move on. I'd have left you too.

moburkes said:

What did he do that was illegal? You need to change the password and move on. I'd have left you too.

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that's funny..He didn't do anything, but he did listen to my messages.. that's all..

Ms.Kahn said:

that's funny..He didn't do anything, but he did listen to my messages.. that's all..

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Exactly. YOU gave him the password and now you want him to get in trouble for accessing your messages since you weren't smart enough to change the password.

Ms.Kahn said:

I believe that he has been checking my voicemail... Can I get him in trouble with the law ?

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How could you prove it?
As recommended above, change the PW and move on.

Zigner said:

How could you prove it?
As recommended above, change the PW and move on.

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I guess I could prove it by calling my cell phone company and asking them to monitor my voicemail ?

Ms.Kahn said:

I guess I could prove it by calling my cell phone company and asking them to monitor my voicemail ?

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He hasn't broken any law. They don't have TIME to be involved in your personal problem. Change the damn password and move on.

moburkes said:

He hasn't broken any law. They don't have TIME to be involved in your personal problem. Change the damn password and move on.

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I disagree. He has broken the law -- at least a federal law. The problem is proof.

Electronic Communications Privacy Act. Title 18.

(1) "wire communication" ... such term includes any electronic storage
of such communication;

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and

Sec. 2511. Interception and disclosure of wire, oral, or
electronic communications prohibited
(1) Except as otherwise specifically provided in this chapter
any person who -

(a) intentionally intercepts, endeavors to intercept, or
procures any other person to intercept or endeavor to intercept,
any wire, oral, or electronic communication;

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Even so, I don't see your ex being prosecuted. There are civil remedies available, but the costs outweigh any potential recovery.

Ms.Kahn said:

What is the name of your state?
New york

i was with my fiance for 4 years, about a year ago, we broke up...he had all my passwords for everything.. I changed most of my passwords, but forgot change my voicemail's password...I believe that he has been checking my voicemail... Can I get him in trouble with the law ?

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You "believe"?

Ozark_Sophist said:

I disagree. He has broken the law -- at least a federal law. The problem is proof.

Electronic Communications Privacy Act. Title 18.



and



Even so, I don't see your ex being prosecuted. There are civil remedies available, but the costs outweigh any potential recovery.

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She gave permission. So therefore he has not broken the law. the permission is inherent in the fact that she gave him her password and though she changed other passwords, she did not change this one. Therefore she has not revoked her permission for him to listen to her voicemails.

I agree. How could he break the law if he was given permission to listen to messages?

moburkes said:

I agree. How could he break the law if he was given permission to listen to messages?

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Ohiogal said:

She gave permission. So therefore he has not broken the law. the permission is inherent in the fact that she gave him her password and though she changed other passwords, she did not change this one. Therefore she has not revoked her permission for him to listen to her voicemails.

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By this flawed logic, a former employee of a company is still allowed to access sensitive company information a year after termination of employment without penalty.

Or it is acceptable for the workers in DC who continued getting transportation passes years after ending employment with government agencies. They had permission to get the passes, the passes were not revoked with the end of employment, so they had the right to continue using them. Not.

2701, (a) Offense.— Except as provided in subsection (c) of this section whoever—
(1) intentionally accesses without authorization a facility through which an electronic communication service is provided; or
(2) intentionally exceeds an authorization to access that facility

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Or it falls under this section. The fiancee 'intentionally exceeded' his authorization by accessing the communication after the relationship ended. This is punishable by up to one year, fines, and civil penalties.

Ozark_Sophist said:

Or it falls under this section. The fiancee 'intentionally exceeded' his authorization by accessing the communication after the relationship ended. This is punishable by up to one year, fines, and civil penalties.

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However, how could he "exceed" authorization if he was never informed of limits on his authorization? (Did GF say "you can listen the the voicemails only if we're a couple"?)

But, again, it doesn't matter. Our OP only has her (somewhat paranoid) feeling that her ex is listening to the voicemails, which she gave (and never revoked) permission for him to do.

OP - don't worry about hitting the lottery or about getting this big bad man put in jail. Change your password and move on.

Zigner said:

However, how could he "exceed" authorization if he was never informed of limits on his authorization? (Did GF say "you can listen the the voicemails only if we're a couple"?)

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Did the employer specifically tell the employee "you can download sensitive company information only if you are an employee?" No, he said, "you are fired."