If My Spouse Gave Me Access to His Email Account Am I Spying?
Consent is another principle to consider when deciding whether the ECPA applies. The ECPA only prohibits “unauthorized” use, disclosure, or interception. If your spouse has routinely given you his email account passwords and allowed you to use them, he has authorized you to find what you will. The courts will decide this issue of consent on a case-by-case basis, and it is not necessary for consent to be explicit. Implied consent can be found when the surrounding circumstances are taken into account. In light of the complexity of this area of the law, it is advisable for you to consult an attorney before taking any action that might be considered in violation of the ECPA.