PogoWasRight.org

Menu
  • About
  • Privacy
Menu

Michigan legislators face the unintended application of a state hacking law

Posted on January 2, 2011July 3, 2025 by Dissent

Jonathan Oosting reports on the Michigan email snooping case that’s caught national attention because a man has been charged criminally for accessing his wife’s email account. Oakland County Prosecutor Jessica Cooper charged the man, Leon Walker, under a 1979 state law that says:

FRAUDULENT ACCESS TO COMPUTERS, COMPUTER SYSTEMS, AND COMPUTER NETWORKS Act 53 of 1979: A person shall not intentionally and without authorization or by exceeding valid authorization do any of the following:
(a) Access or cause access to be made to a computer program, computer, computer system, or computer network to acquire, alter, damage, delete, or destroy property or otherwise use the service of a computer program, computer, computer system, or computer network.
(b) Insert or attach or knowingly create the opportunity for an unknowing and unwanted insertion or attachment of a set of instructions or a computer program into a computer program, computer, computer system, or computer network, that is intended to acquire, alter, damage, delete, disrupt, or destroy property or otherwise use the services of a computer program, computer, computer system, or computer network. This subdivision does not prohibit conduct protected under section 5 of article I of the state constitution of 1963 or under the first amendment of the constitution of the United States.

So far, as Oosting notes, most legislators and lawyers interviewed have serious concerns about this type of prosecution opening up a whole Pandora’s box. You can read the quotes in his article on MLive.

No related posts.

Category: CourtLaws

Post navigation

← 2011 starts with a reminder that privacy breaches cause harm
UK: Police store data of millions of innocent 999 callers →

3 thoughts on “Michigan legislators face the unintended application of a state hacking law”

  1. bd says:
    January 2, 2011 at 11:08 am

    Interesting problem. I’m not so certain though that parents and spouses should be given a pass just because of their relationship. For instance, what happens when there is an acrimonious separation between the spouses and the whole purpose of accessing the email account (no matter how high a level of “hacking” is required) is to find information in order to harass the spouse or someone associated with the spouse? Maybe that issue is covered under other law, but should the party whose email was opened be allowed to pursue charges against the spouse that opened the email? When re-writing this law, I think the legislators need to be careful.

    1. Dissent says:
      January 2, 2011 at 11:40 am

      You raise some excellent points. As a privacy advocate, I’m really conflicted about this case. Someone on Twitter pointed out to me that under federal wiretap law, spouses do not get a free pass or exemption. Perhaps the same does need to be true here, too.

      1. bd says:
        January 2, 2011 at 12:38 pm

        We agree, then. There definitely needs to be a balance. I tend to err on the side of privacy in most cases, but this one became a way to potentially protect a child from harm. Not that that argument should always trump privacy either, but it seems to me that this prosecution is unwarranted.

Comments are closed.

Now more than ever

Search

Contact Me

Email: info@pogowasright.org

Mastodon: Infosec.Exchange/@PogoWasRight

Signal: +1 516-776-7756

Categories

Recent Posts

  • Navigating Privacy Gaps and New Legal Requirements for Companies Processing Genetic Data
  • Germany’s top court holds that police can only use spyware to investigate serious crimes
  • Flightradar24 receives reprimand for violating aircraft data privacy rights
  • Nebraska Attorney General Sues GM and OnStar Over Alleged Privacy Violations
  • Federal Court Allows Privacy Related Claims to Proceed in a Proposed Class Action Lawsuit Against Motorola
  • Italian Garante Adopts Statement on Health Data and AI
  • Trump administration is launching a new private health tracking system with Big Tech’s help

RSS Recent Posts on DataBreaches.net

  • Updating: Two Telegram channels and two accounts banned, one bounty offered, and BreachForums goes down
  • North Korean Kimsuky Hackers Suffer Data Breach as Insiders Leak Information Online
  • Hackers post stolen St. Paul data online as efforts to reset city employee passwords surge forward
  • Justice Department Announces Coordinated Disruption Actions Against BlackSuit (Royal) Ransomware Operations
  • NL: Hackers breach cancer screening data of almost 500,000 women
©2025 PogoWasRight.org. All rights reserved.
Menu
  • About
  • Privacy