Laws on Email Tampering

Many laws may cover email tampering.

Very few laws deal directly with the subject of email tampering. However, older federal wiretapping laws, and many state laws related to fraud or theft may relate to email tampering. In addition, some states, such as California and Virginia, have laws directly on point when it comes to email tampering. Before trying to apply state common law principles or federal wiretapping laws to your situation, be sure to check and see if your state has any specific laws targeting tampering with email accounts.

Federal Wiretap Act

The Federal Wiretap Act, Codified at Title 18 US Code Section 119, prohibits the interception and disclosure of wire, oral or electronic communications. Depending on the nature of the email tampering, the perpetrators conduct could easily fall within the gambit of the statute. The Federal Wiretap Act only covers conduct that is knowing or intentional, so certain types of tampering may not be covered under the statute if they are unintentional.

Electronic Communications Privacy Act of 1986

The Electronic Communications Privacy Act of 1986 was passed to specifically include emails and other electronic information stored on computers within the Federal Wiretap Act. The act provides a specific exclusion for Internet service providers or other operators who might unwillingly intercept or disclose email communications as a matter of routine business. The Electronic Communications Privacy Act also provides specific mechanisms to allow law enforcement agencies to subpoena or otherwise access digital information with the necessary permissions.

State Law

Several older state laws may apply to email tampering depending on the nature of the conduct and the wording of the law in the jurisdiction in which you are situated. For example, in many jurisdictions fraud is defined as intentional deception for personal gain or to damage another individual. If the perpetrator is tampering with your email in a deceptive or fraudulent manner, the common law crime of fraud may apply. In addition, if the perpetrator misappropriates information stored in personal emails, he could be guilty of common law theft or misappropriation of trade secrets.

Other Laws

Several other laws that may apply to email tampering such as obstruction of justice if the email tampering somehow interferes with an ongoing investigation. Some states have criminal and civil identity theft laws which could easily extend to an individual tampering with your email. Finally, some states have laws making it illegal to even look at another individual's personal information, so be sure to check state laws that may apply to email tampering.

References

• Law.com; Could Your Firm's E-Mail Policy Run Afoul of the Federal Wiretap Act?; Philip L. Gordon; February 2011
• Cornell University Law School: Wire and Electronic Communications Interception of Oral Communications
• Cornell University Law School: Interception and Disclosure of Wire, Oral, or Electronic Communications Prohibited
• Electronic Privacy Information Center: United States v. Councilman
• ACLU: Modernizing the Electronic Communications Privacy Act (ECPA)
• Lawyers.com; Email Hacking Is A Serious Crime

Resources

• Iron Geek: State Hacking/Computer Security Laws
• Signal Lake; Email Tampering---This Time, The Good Guys Won; Weingarten Et Al; Janruary 2002
• Workplace Privacy Counsel; Commonplace IT Functions Raise the....; September 2010
• US Department of Justice: Federal Statutes