But It's MY Computer
Mark Fass has an excellent article on the divorce woes of Frank Moore. Ms. Moore filed for divorce citing cruel and inhuman treatment, including an extramarital affair. According to her attorney, she found "hundreds and hundreds of pages" of “really salacious instant message conversations” on a laptop computer Mr. Moore left in the trunk of a car. The parties disputed the ownership of the laptop: Ms. Moore saying it was used by the family and Mr. Moore saying it was issued by his employer for his use. Ms. Moore wanted to use these messages to support her claim. Mr. Moore argued that she had improperly seized his computer.
New York Supreme Court Justice Saralee Evans ruled that Ms. Moore had done nothing wrong and she cited the “filing cabinet” analogy put forth in Byrne v. Byrne, 168 Misc.2d 321. She went on to say “Ms. Moore's actions also did not constitute computer trespass or using a computer without authorization, as the files were on a readily accessible computer.” The judged ruled that the laptop was subject to discovery.
Note that the messages were in plain sight and discovered by a casual user not extracted by a forensic specialist. Users of text messaging and email often seem to feel invisible, as if no one will know what they have written. I have seen some truly extraordinary sentiments put in email and text messages. I suggest you don’t email or text anything you wouldn’t want your mother or boss to read or to see written in lights in Time Square!
