Who legally owns this email address?

[JustWantJustice]

I see that I posted this in the wrong section of this forum (in family law, general). Didn't know there was a whole section here just for this kind of question.

I had a paid account with America Online that began in 1998. From then until 2005, when AOL went the way of free email accounts, I paid the bill.

I created an email account for my ex, and it was under the "master screen name," which is the one I created and paid for during those seven years.

He still uses this email address. I know that I can get the pw if I want to because it's still listed under my screen name. I'd really like to know what he's doing, but I haven't taken any steps to do this for a couple of reasons. One is that it just seems like a dirty way to play. (He has played very, very dirty, though, to the point of committing perjury and enlisting my oldest child to do the same.) Second is that I don't want to wind up in legal trouble if he finds out I've read his email.

Then again, the opportunities to find out what nasty step he's got up his sleeve for me next are very, very tempting.

Does anyone know if I am the legal owner of that email address, since I created it under my main account with America Online, and I paid for it, and the tools to recover the password are available to me, this being a secondary account under my master screen name?

 

[army judge]

Just because you CAN do something, doesn't mean you SHOULD.

You have integrity.

Please, continue to keep it.

This is, after all, your life.

It isn't some CIA operation.

 

[JustWantJustice]

Well, thank you for your input as far as morality goes, but this dude has pulled a lot of really, really dirty stuff out of his bag of tricks. Taking my kids, with no warning? Lying about me in court, under oath? Having his atty kick me around? Just becuase his attny CAN do that, doesn't mean she should.

I just want to know if this email account is indeed still mine. I'll handle the morality of the whole issue myself. Not that I don't get what you are saying. But to me, this is more important than a cia operation. This aobut the well being of my children, and this guy has no business snatching kids.

Anyone know if this email address is mine, since I was the original account?

 

[army judge]

Well, thank you for your input as far as morality goes, but this dude has pulled a lot of really, really dirty stuff out of his bag of tricks. Taking my kids, with no warning? Lying about me in court, under oath? Having his atty kick me around? Just becuase his attny CAN do that, doesn't mean she should.

I just want to know if this email account is indeed still mine. I'll handle the morality of the whole issue myself. Not that I don't get what you are saying. But to me, this is more important than a cia operation. This aobut the well being of my children, and this guy has no business snatching kids.

Anyone know if this email address is mine, since I was the original account?

If you are no longer paying for it, and you have allowed someone else to us eit; it isn't legally yours.

Now, that is my legal opinion.

It has no force or effect at law, however.

Three other attorneys will no doubt provide three differing opinions.

Therefore, what you are pondering is perilous.

You might very well prevail, but it could be costly.

If it were me, I wouldn't do it.

But, nothing is stopping you, is it?

When you have doubts about a particular action, use the reasonable man (person) test.

Ask yourself, what would a reasonable man (person) do?

Your answer is in there.

Proceed with caution.

Good luck.

 

[JustWantJustice]

Well, since the option is there on MY account to change the password and set rules for that account, then I feel almost certain that it is still owned by me, but I wanted to know if anyone knew, ie, had any experience with this, ie, knew anything more definitive.

 

[CdwJava]

The state may look at it as this is HIS e-mail. Now, you can always close your AOL account and thus close his e-mail account, I suppose, but I suspect he has an argument that he has a reasonable expectation on an e-mail account that he has had sole access to for years.

I suppose it depends on how much of a gamble you want to take. Do you want to risk a criminal charge that could result in jail time and loss of your children? Is it worth losin gall of that?

You can find the law here:

http://www.ncga.state.nc.us/enactedlegislation/statutes/html/byarticle/chapter_14/article_60.html

And from my quick read, I could conceivably make a case for a G Felony ... but, I do not know the nature of case law or interpretation in that state, so maybe it will not be a problem.

Might I suggest that you run this by an attorney in your jurisdiction before you risk it all just to try and get a head's up on the guy?

 

[JustWantJustice]

I won't have an attorney until late summer. It's just not in the cards financially right now. That's why I was asking here, to see if any of the regular people who post here know what the story is on this type of email set-up.

I did look at your linked informaiton, but I don't see anything that specifically addresses this particular topic. There is informaiton about restricting access to a computer, but nothing about email. I don't have control or access to his computer, there's no extortion, no cyber bullying, so I've done nothing that violates those statutes. Damaging computers? Havne't done it. Haven't done anything that is addressed there, from my reading. What part did you read that made you think that it was addressed? The G felony that you referred to? Which part did you think applied?

I'm puzzled. I'm hoping that some of the people whose posts I've seen here that indicate they've got experience with these sorts of issues will find this and give me a more definitive answer.

In the meantime, I'm not doing anything with his email. I don't need to get myself in trouble, no. That's why I am asking.