Email Inbox Not Private, Says South Carolina Court

The South Carolina Supreme Court has ruled a man’s privacy was not violated when his wife’s daughter-in-law managed to get into his email and find out the name of his lover because the messages remained in his inbox.

In their unanimous ruling, the justices decided the woman did not violate a 1986 federal law about email storage and halted a lawsuit from the husband.

While they ruled the woman didn’t violate the husband’s privacy, the justices said they didn’t like what she did. “This should in no way be read as condoning her behavior,” Associate Justice Kaye Hearn wrote.

M. Lee Jennings’ wife found a card for flowers for another woman in his car. He admitted he was in love with the other woman, but would not give her name.

Jennings’ wife turned to Holly Broome,

who was previously married to Jennings’ son. Broome once worked for Jennings and was able to guess his password and access his email. She printed out the emails between Jennings and the other woman, giving copies to his wife’s divorce attorney and a private investigator.

Broome’s lawyer said it wasn’t a good idea to go snooping in the email, but he is glad the Supreme Court interpreted the law the way it was written. “All she was trying to do was help her mother-in-law and it blew up in her face,” attorney Gary Popwell Jr. said.

The justices said a 26-year-old law is a hard guide to use for today. The Stored Communication Act makes a hazy distinction between obtaining emails that have not been read or messages that have been read and stored elsewhere versus emails that have been read and remain in an inbox.

The act “is ill-fitted to address many modern day issues, but it is this Court’s duty to interpret, not to legislate,” Chief Justice Jean Toal wrote.