Legal query

McMav

McMav

McMav

Soldato
Joined
18 Oct 2002
Posts
3,209
Location
Bishopton
Looking for some info.

Sis is getting divorced from *&*^&£&-in-law (family forum). He was the primary account holder for bb/email. It appears he has changed the password for her account (Sub account) so she cannot access it. She setup a new email address on her own BB account but he has found this email address and contacted her on it even though he has not been told it so it looks like he has accessed her old email account and read thru it. I believe she forwarded some emails from old account to the new account. Is this legal?
 
Yes it's illegal, he's committed multiple crimes under the 1990 Computer Misuse act.

Section 1 – Unauthorised Access to Computer Material

If you have accessed a computer system or email address that was not yours – for example a Hotmail.com or work email account – using a password that was not given to you by the owner of that account or system, it is illegal and carries a combination of a fine and a 6 month prison sentence. This applies even if you have only viewed information and not distributed it or deleted it, as you have still accessed the data or information without authorisation. If you have also changed the password to an email or computer account without the owners permission and have therefore secured their access this is also classed as an offence under the act.
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I think you would struggle to find any offence other than than any that may come from the contact itself (I. E harassment if applicable)

The key issues from the relevant part of the computer misuse act is whether the access is 'unauthorised'

1 (1) A person is guilty of an offence if -

(a) he causes a computer to perform a function with intent to secure access to any program or data held in any computer or to enable an such access to be secured;

(b) the access he intends to secure, or enable to be secured, is unauthorised; and

(c) he knows at the time when he causes the computer to perform the function that this is the case.

1 (2) The intent a person has to have to commit an offence under this section need not be directed at -

(a) a particular program or data;

(b) a program or data of a particular kind; or

(c) a program or data held in a particular computer.
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I would suggest that a court would likely find the account holder for any online account was (legally) authorised to access all sub accounts

(5)Access of any kind by any person to any program or data held in a computer is unauthorised if—

(a)he is not himself entitled to control access of the kind in question to the program or data; and

(b)he does not have consent to access by him of the kind in question to the program or data from any person who is so entitled
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To illustrate my point in the case of BT. The account holder is responsible for the use of others.....

What it means to be the account holder

If you're the account holder, you're responsible for the use of our services by:

  • you
  • anyone at your home or who you're responsible for (that means family, friends, tenants, visitors)
  • any other devices connected to your network
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I'm sure other providers will have similiar conditions in their terms of service.

Virgin have a similiar mention in their T&C's

The account holder (that's the bill payer) is responsible for ensuring that their connection is used safely and legally
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If you are responsible for other users of an account you are the master account user for a courts is likely to find you have authorised access to the sub accounts....
 
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Caracus2k said:
To illustrate my point in the case of BT. The account holder is responsible for the use of others.....



I'm sure other providers will have similiar conditions in their terms of service.

Virgin have a similiar mention in their T&C's



If you are responsible for other users of an account you are the master account user for a courts is likely to find you have authorised access to the sub accounts....
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It was a bt business account ie btconnect. They all used it for family accounts personalised for individual use. He never had access to it yet 6 days ago the password was changed and her new email address that he didn't have but showed up as a frequently used contact and has now contacted her on now is surely taking personal data that he hasn't had access too.
 
touch said:
If he has access to change the password then surely he is the owner of the account?
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He is the primary account holder and therefore has admin rights over the sub accounts An administrator does not have the right to reset a password without permission of that email account holder. Strangely enough the kids accounts are working fine.
 
krooton said:
Can someone please explain why people take the email addresses provided by ISPs? Why not use the plethora of free ones out there that won't cause a headache should you ever change supplier?
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Husband is probably a control freak that insisted on it for the reasons demonstrated in this thread.
 
krooton said:
Can someone please explain why people take the email addresses provided by ISPs? Why not use the plethora of free ones out there that won't cause a headache should you ever change supplier?
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One of my email accounts, the main public facing one that I use for almost everything, is with an ISP I changed from who knows how many years ago. It works just fine and I registered with a number of things using it, so I kept it. It didn't cause me any headache when I changed supplier.

I suspect many people take the email addresses provided by ISPs through inertia or ignorance.
 
Yes dial 999 set the rozzers on him.. .Or get solicitored up and throw 35k at the problem .. . Or make like a normal person, grumble about it and set up a Gmail account .

I can also offer medical assistance

** am not solicitor or doctor don't have a clue about law or doctor stuff
 
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