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Legal News

: Lawbeat

Murky handling of Palin e-mail hack

By Mark Obbie

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Did the hackers who broke into Sarah Palin's Yahoo e-mail account break the law? Michael Shear and Karl Vick don't help put their readers anywhere near an answer to that question in this Washington Post report on the hacking incident. They quote John McCain's campaign manager as saying it's "a violation of law." And they imply that there's no doubt about the legality of e-mail intrusions with this:
Michael Allison, chief executive of the Internet Crimes Group, a private company specializing in Internet security, said the hackers may have accessed Palin's account by using publicly available information to guess her password, or by using a small program called a trojan to capture her keystrokes."I would hope the authorities would be all over this," Allison said. "The only deterrent is that people know the certainty of being caught."
But caught for what? A story ostensibly about the wrongness of the hacking might have benefited from a bit of explaining about the law on electronic communications. And, while the story mentions that the incident stems from controversy over Palin's use of a private e-mail account, wouldn't it be helpful to talk to experts about where public-records laws (mandating disclosure of certain e-mails) leave off and criminal privacy-protection laws kick in?

Full post as published by Lawbeat on September 18, 2008 (boomark / email).

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