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anderbud
(@anderbud)
New Member

First I'd like to say I'm going through a divorce, and am trying to find out if I have any privacy rights with deleted emails whuch were password protected.
Oklahoma In my divorce I downloaded a password protected email on to my computer, After reading the email I right clicked and deleted the file.
The reason I said my computer is when I split up with the wife I left the home. One of the very vew items besides clothing I took the laptop.
The day I left I filed for divorce. During first court date she had a court order to have a forensics lab copy the hard drive, saying the laptop was community property. All evidence they have from the computer came from deleted files. My question is I do not believe they could use those files if they were password protected, without getting some other court order to do so. But where does a deleted file fall into place.

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Posted : 20/08/2005 11:20 pm
PS_forensics
(@ps_forensics)
New Member

Of course, this is not legal advice, but in the civil area, they will probably just ask you for the password. If you don't produce it you'll probably be in contempt.

On the other hand given enough time, your password will be cracked if they desire to do it.

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Posted : 25/08/2005 7:43 am
techmerlin
(@techmerlin)
Member

From a Canadian perspective and seeing this almost exact type case, until the property is separated (e.g. once the final property has been divided) what is in the matrimonial home is both your possessions unless specified otherwise in a legal agreement. This being said, if your wife, or now ex-wife reads, finds or otherwise a file or email off a computer that both of you had access to in the home it is basically fair ground.

The privacy front is a little different when you are married, it is said that the property is both of yours and both having access to it and the contents of that property are basically fair ground for either party.

I hope this helps, please ensure you check the laws in your area with a lawyer before proceeding.

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Posted : 20/10/2005 8:10 pm
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