Unable to figure out how to delete the account, I intentionally locked my self (and her)out by deleting all of the content and making a goofy password I wouldn't remember.
She then went through the providers account recovery process and got access that way. She is now threatening to use a PI type service to retrieve the deleted content.
Is this legal? Do I have an expectation of privacy? Can I stop her?
Indianapolis Divorce Lawyer Justin Bowen answers your question:
Do you still live together? If she has access and did not "break in" to your residence, then most likely there is nothing illegal about what she did. There are two places the deleted emails may be stored: your hard drive and the providers hard drive(s).
I have dealt with several forensic computer people in my line of work. They tell me that if the image (email, photo, website, etc.) appeared on the screen, hitting "delete" might make it unavailable, but it is still on the system. I am not necessarily advocating this, but I have been told that the only way to be SURE the emails are deleted completely from the system is to physically destroy the machine. Then and only then can you be sure that your hard drive will never share your secrets with anyone.
The same cannot be said for the email provider. Many systems keep backups of data for months after they are deleted from your email. However, it is like pulling walrus teeth to get the provider to release copies of them. Most likely the only way she would ever get access to those deleted emails from your provider is through a court order. And she will need some sort of very strong evidence to get the court to order the provider to produce the emails. Since Indiana is a "no-fault" divorce state, the content of the emails will only be an issue (usually) as that content relates to character insofar as children are involved. In other words, if she is trying to make an argument that you are a drug dealer and should not have the children, and she somehow convinces the court that your emails deal directly with your drug deals, then she might get the court order. Other than that, I don't think it is likely that she will ever see them.
It sounds like you need a lawyer. If you have further questions don't hesitate to call my office. Good luck.
Justin Bowen
Indianapolis Divorce Lawyer
Was the account a joint account or your personal account, for which you alone were on the account? If it was really a joint account, then I'd say you'll have a tough time precluding whatever info is on your account from coming back to bite you. If it was a solo account, then your wife probably committed communications fraud. I'd speak with an IN attorney immediately and see about how your state treats this kind of thing. Federal law is also a little gray in this area, but it leans towards finding someone guilty of communications fraud if they do something like this - see the Computer Fraud and Abuse Act, the Electronic Communications Privacy Act, and the Stored Communications Act - these things are laws she has potentially violated, if she was not a party to the account. Frankly, your question is the new frontier in divorce law - using social media, etc. against a spouse.
