Email Hacking: Criminal Act Or Not?

In today's world, most people's personal and private information is stored online, and email accounts are no exception. With the rise of technology, laws have had to adapt to include the protection of electronic records and correspondence. So, what happens if someone accesses your email without your permission? Is it against the law?

In short, yes. Under U.S. law, it is illegal to access someone's computer system without their permission, and this includes email accounts. This is also true under California and Virginia state laws, where it is considered a breach of privacy. Federal law also prohibits this, and those who are found to have accessed another person's email without authorization can face severe punishments, including prison sentences and hefty fines.

It is illegal to access someone's email without permission under US and California law

In the digital age, most people's personal correspondence takes place via email, rather than through letters sent by post. However, just like it's a crime to open someone else's mail, accessing someone else's email without permission is prohibited under US and California law.

US and California laws protect an individual's right to privacy regarding their correspondence. Under these laws, it is illegal to knowingly access someone's computer system without their permission. This means that breaking into someone's email account and reading their messages is prohibited and could lead to accusations of fraud and related crimes.

It's important to note that the law also addresses the concept of "exceeding authorized access." For example, an employee may be authorised to access a specific note in their boss's email for day-to-day operations. However, if they then use this access to read other emails, delete messages, or send new messages pretending to be their boss, they would be exceeding authorised access and violating the law.

Tech-based laws can be complex due to the ever-evolving nature of technology. Nonetheless, the fundamental principle is that authorisation and permission are required to access electronic records, such as email messages and other personal messages. Individuals facing allegations of violating these laws should seek legal advice to understand their defence options.

This is classed as a white-collar crime in Virginia

In the United States, accessing someone else's email without permission is prohibited under federal law. This is also a violation of California law. If someone breaks into another person's email account and reads their messages, they could be accused of fraud and related crimes.

Email hacking is considered a white-collar crime in Virginia. The Virginia Computer Crime Act makes it illegal to commit a computer invasion of privacy. Under Virginia Code §18.2-152.5, this crime is committed if someone logs into another person's computer without permission and examines their financial, employment, or other personally identifiable information.

Email hacking is charged as a Class 1 misdemeanour for a first offence and as a Class 6 felony for a second or subsequent offence. The punishments for a misdemeanour include a jail sentence of up to 12 months and a fine of up to $2,500. A Class 6 felony, on the other hand, can result in a prison sentence of one to five years and a fine of up to $2,500.

Additionally, email hacking can also be charged as a federal crime under the U.S. Computer Fraud and Abuse Act and the Federal Wire Fraud Act. These laws impose harsher penalties, including prison sentences of up to 10 years and significant fines.

It is important to note that technology and related laws are constantly evolving, and it is always advisable to seek legal counsel for specific situations.

It is illegal to exceed authorised access

The Computer Fraud and Abuse Act (CFAA) defines "exceeds authorised access" as "accessing a computer with authorisation and using such access to obtain or alter information in the computer that the accessor is not entitled to obtain or alter". This means that even if someone is authorised to access certain information on a computer, they may still be restricted from accessing sensitive or confidential information. If they do access this information, they are exceeding their authorised access and may be subject to criminal liability.

The CFAA imposes criminal liability on any person who "intentionally accesses a computer without authorisation" or "exceeds authorised access" and, in doing so, obtains information from any protected computer. The CFAA also provides a civil cause of action for similar conduct. This means that if someone accesses a computer or email account without permission or exceeds their authorised access, they may be violating the CFAA and can be held legally responsible.

The scope of authorisation hinges upon the facts of each case. For example, an employee may be told they have permission to access their boss's email to read one specific note. If the employee then exceeds that authorisation by reading other email messages, deleting messages, or sending new messages while pretending to be their boss, they could be in violation of the law.

It is important to note that tech-based laws can be complex and constantly evolving due to the changing nature of technology. However, the key principle is that authorisation and permission are required for the access of electronic records, such as email messages or other personal messages.

This could be classed as fraud and related crimes

Breaking into someone's email could be classed as fraud and related crimes. Fraud is a deception made for personal gain or to cause a loss to another person. In the context of email hacking, fraud could involve using the hacked email account to deceive others and gain something of value. For example, a hacker might impersonate the email owner and request money from their contacts. This type of fraud is not only a criminal offence but also a civil wrong, allowing the victim to sue for damages.

Email hacking can also facilitate other types of fraud, such as identity theft. Identity theft involves using deception to obtain and use another person's personal information for financial gain. For example, a hacker might gain access to the victim's name, date of birth, and address through their email and use this information to open fraudulent credit accounts. Identity theft is a serious crime that can have devastating financial consequences for the victim.

Additionally, email hacking can lead to obstruction of justice charges if the hacker interferes with a legal process or investigation. For instance, if a hacker deletes or alters emails relevant to an ongoing investigation, they could be charged with obstruction of justice.

Furthermore, email hacking can violate state-specific privacy laws. Some states, like Virginia, consider it an invasion of privacy to view someone's personal information without their consent. Other states, like Maryland, prohibit the unauthorized disclosure of another person's personal information. These laws reflect the importance of protecting individuals' private information and communications.

Overall, breaking into someone's email is a serious offence that can result in criminal charges, civil liability, and significant penalties. It is essential to respect the privacy of others and refrain from any unauthorized access to their email accounts.

There are severe punishments for email hacking under Virginia and federal law

Under the Virginia Computer Crime Act, email hacking is a white-collar crime. It is illegal to commit a computer invasion of privacy, which occurs when someone logs into another person's computer without permission and examines their financial, employment, or other personally identifiable information.

Email hacking is charged as a Class 1 misdemeanour for a first offence and as a Class 6 felony for a second or subsequent offence. The punishments for a misdemeanour include a jail sentence of up to 12 months and a fine of up to $2,500. A Class 6 felony conviction can result in a prison sentence of one to five years and a fine of up to $2,500.

Email hacking can also be charged as a federal crime under the U.S. Computer Fraud and Abuse Act and the Federal Wire Fraud Act. Under the Computer Fraud and Abuse Act, it is a crime to intentionally access another person's email without their permission and obtain information of value, defined as at least $5,000 over one year. This law often applies to email accounts of banks, financial institutions, government agencies, or government officials. The punishment for a first offence can include a prison sentence of one to five years, while a subsequent offence can result in up to 10 years of imprisonment.

The Federal Wire Fraud Act makes it a crime to steal personal or confidential information from an individual's computer without their authorization when the email passes between two or more states or countries. A conviction under this Act can result in a sentence of up to 20 years in prison and a significant fine.

In addition to these state and federal laws, there are other federal statutes that address hacking, such as the Electronic Communications Privacy Act and the Stored Communications Act, which protect electronic communications and stored data, respectively.

Frequently asked questions