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I did something stupid...

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offtherail

Junior Member
What is the name of your state? Idaho
I'm not really sure where to post this, so I went with this forum...


So, This Girl and I dated for a little over ten months. The end of August, I ended the relationship. Things weren't going great and I could tell that she wanted out, we weren't having fun anymore.

Anyways, I ended it. Now here comes the big screw up. I knew her password to a social networking site that had an email type service within it (myspace). I logged into her account (yeah, I know... stupid). I read some things I shouldn't have read. Then when we talked next I said some things I shouldn't have said (specifically, telling her what I had done and what I had read), basically calling her out on some things I read.

Long story short, I really haven't spoken to her since. She has tried to contact me a few times, but thats it.

Now here comes my question. Today, I heard a rumor that her and her family are planning on suing me. I don't know if it's true or not, but it's gotten me concerned. Do they have a case? If so, how? I am just wondering... I am assuming that they probably do, but I don't know.

If they do have a case, what kind of defense could I have? Feel free to ask any other questions about the whole situation... I searched this but I couldn't really find anything that applied directly. I'm sure that I'm not the only one who has done this before...What is the name of your state?
 


GatorLaw

Member
Statutes you may find relevant

18 U.S.C. § 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;

. . . .

(c) intentionally discloses, or endeavors to disclose, to any other person the contents of any wire, oral, or electronic communication, knowing or having reason to know that the information was obtained through the interception of a wire, oral, or electronic communication in violation of this subsection;

(d) intentionally uses, or endeavors to use, the contents of any wire, oral, or electronic communication, knowing or having reason to know that the information was obtained through the interception of a wire, oral, or electronic communication in violation of this subsection;

. . . .

shall be punished as provided in subsection (4) or shall be subject to suit as provided in subsection (5).

. . . .

(4)(a) Except as provided in paragraph (b) of this subsection or in subsection (5), whoever violates subsection (1) of this section shall be fined under this title or imprisoned not more than five years, or both.

. . . .


18 U.S.C. § 2520. Recovery of civil damages authorized

(a) In general.--Except as provided in section 2511(2)(a)(ii), any person whose wire, oral, or electronic communication is intercepted, disclosed, or intentionally used in violation of this chapter may in a civil action recover from the person or entity, other than the United States, which engaged in that violation such relief as may be appropriate.

(b) Relief.--In an action under this section, appropriate relief includes--

(1) such preliminary and other equitable or declaratory relief as may be appropriate;

(2) damages under subsection (c) and punitive damages in appropriate cases; and

(3) a reasonable attorney's fee and other litigation costs reasonably incurred.

. . . .

(c)(2) In any other action under this section, the court may assess as damages whichever is the greater of--

(A) the sum of the actual damages suffered by the plaintiff and any profits made by the violator as a result of the violation; or

(B) statutory damages of whichever is the greater of $100 a day for each day of violation or $10,000.

. . . .


I.C. § 18-2202 Computer crime

. . . .

(3) Any person who knowingly and without authorization uses, accesses, or attempts to access any computer, computer system, or computer network described in section 18-2201, Idaho Code, or any computer software, program, documentation or data contained in such computer, computer system, or computer network, commits computer crime.

(4) A violation of the provisions of subsections (1) or (2) of this section shall be a felony. A violation of the provisions of subsection (3) of this section shall be a misdemeanor.
 
Last edited:

offtherail

Junior Member
Thanks.

Is it anybody's opinion that I could actually see jail time for this? Or that I could be paying out $10,000? Or both?

I know it seems I am fishing for an out, but would this case really be that severe? Gah... I was looking for closure, found it, then felt guilty about it (rightfully so, I know), so I told her. I didn't spread rumors about her, I didn't go around talking behind her back. I left it alone after that. Now this thing just won't die.

I had left her alone since then. She told me to call her when I started acting my age. I never did. She contacted me, asked to be friends again, and I accepted, but we haven't really spoken at all. I was just trying to get over everything... and I do that by not including that person in my life for a while. Now she has managed to work her way right back into the forefront of my thoughts...


I know that none of this matters, and that if they do sue, I am done. But I just needed to vent.
 

GatorLaw

Member
I almost didn't post any of that because it poses such a worst case scenario that is very unlikely to occur.

Chances are, the thought process of "Lawyers are expensive" and "No harm no foul" will have them leave you alone. Unless of course, they are reading this thread and get the ideas from these posts . . .

If I were in the situation I would continue with the "avoiding her at all costs"
 

mistoffolees

Senior Member
What is the name of your state? Idaho
I'm not really sure where to post this, so I went with this forum...


So, This Girl and I dated for a little over ten months. The end of August, I ended the relationship. Things weren't going great and I could tell that she wanted out, we weren't having fun anymore.

Anyways, I ended it. Now here comes the big screw up. I knew her password to a social networking site that had an email type service within it (myspace). I logged into her account (yeah, I know... stupid). I read some things I shouldn't have read. Then when we talked next I said some things I shouldn't have said (specifically, telling her what I had done and what I had read), basically calling her out on some things I read.

Long story short, I really haven't spoken to her since. She has tried to contact me a few times, but thats it.

Now here comes my question. Today, I heard a rumor that her and her family are planning on suing me. I don't know if it's true or not, but it's gotten me concerned. Do they have a case? If so, how? I am just wondering... I am assuming that they probably do, but I don't know.

If they do have a case, what kind of defense could I have? Feel free to ask any other questions about the whole situation... I searched this but I couldn't really find anything that applied directly. I'm sure that I'm not the only one who has done this before...What is the name of your state?
What kind of damages could she claim? She's going to go through a lot of time and expense to sue you and I can't see that she's going to be able to claim much in the way of damages (unless you left something out like getting her fired from a job or something).

You could consult with an attorney, but IMHO, it would be a waste of time since all you could do is speculate on what she might do and what you might do in response. Personally, I'd sit tight and if she does sue, see an attorney once you know what she's claiming.

If you feel like there's something you could do proactively to ameliorate the situation, then you should see an attorney now. But I just don't see anything that you could do until you're served.
 
ain't never gonna happen. she is talking trash. i'm no lawyer, but get real. did you cause any "damages" or she just feels violated? how many times do you hear stories of someone reading someone else's email? don't worry, sleep tight tonight.
 

Silverplum

Senior Member
ain't never gonna happen. she is talking trash. i'm no lawyer, but get real. did you cause any "damages" or she just feels violated? how many times do you hear stories of someone reading someone else's email? don't worry, sleep tight tonight.
Spoken with the True Concern of a classic male specimen. :rolleyes::rolleyes::rolleyes:
 

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