Slick Sammy is seeking to divorce his wife, Betty Boo. After consulting with an attorney, the attorney informed Slick Sammy that Betty Boo is entitled to request alimony. However, Slick Sammy wants to avoid paying alimony to Betty Boo, as she has been a homemaker for the entire marriage and has taken care of Slick Sammy’s seven children (two of whom are from a prior marriage). So Slick Sammy attempts and successfully accesses Betty’s email, text messages, and other social media accounts looking for incriminating information.
Does accessing another spouse’s digital communications on a cell phone or computer violate that spouse’s privacy?
Under the Electronic Communications Act of 1986, how much access to Betty’s communication does Slick have? Do the martial surroundings, such as a shared computer, come into play? Should Betty’s private communications be distinguished from her public communications?
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