DU legal eagles: email question

[Robb]

Hypothetical question I think I've muddied well:

A father approaches a journalist with email printouts from his son's emails. He figured out the son's password somehow, and found correspondence that ties the son to illegal activity ... I don't know what, say gun-running. ;)

Should the records be turned over to police? If so, what are the ramifications for the father, let alone the reporter?

[Sanity Claws]

1. Lots of other questions too

Who owns the computer? If it's dad, he was just going through his own property, regardless of the fact that his son put a password on it.
How old is the son?If the son is an adult and the computer belonged to the son, I think the dad has some serious explaining to do.
Why does the father involve a journalist? Sounds like the dad is seeking publicity against the son. Yuck. Ugly.
Now as for whether the records "should" be turned over to the police? I'd say no. The father should find out from the son what is going on and prevent him from participating, but not somehow just turn his son into a criminal.
I don't like this family you're talking to. The dad and the son both sound dirty to me.

[Robb]

2. Still hypothetical, remember

I changed a fair amount to protect, well, whoever. ;)

Assuming the son is not an adult -- doesn't the son have any expectation of privacy? Further, even if it is dad's computer, isn't the information "out there on the internets" not part of that ownership?

Tricky little number.

[seaglass]

3. That is a tough one. I respect my daughter's privacy for the

most part on MY computer (I am on the laptop and really don't use the desktop). But there was an instance when she left a deceptive message for me about where she went. I drove up and down the streets looking for her (she was only 13) and was in a complete panic (it was dark out and too late for her to be out by herself).

I looked on the computer to see if she put anything in her away message. She did and I found her.

When she was 14 she got an inappropriate IM from a teacher at school. She showed me that one.

I don't go checking her history or anything but if I was concerned about her safety I would feel I had the right to use any information even if she considered it private to protect her.

I can't tell if safety was the motivation in your story or not.

On edit : whoops, sorry I'm not in the legal profession.

[SOteric]

4. I'm not so sure, -

repeated court rulings do not affirm any 'expectation of privacy' in e-mail transmissions. E-mail is viewable by any number of strangers in the normal course of business. Those who administer your ISP have the ability to read it, they just don't tend to have the time and inclination (one hopes) unless someone gives them cause.

However, it should be noted that I'm not a lawyer, and I don't play one on tv.

In general, I'd say it depends on the relationship and relative level of responsibility of the child. If the parent and child have an excellent relationship and the child is typically responsible, then Dad ought to talk to the boy before going to journalists and the police.

And I think it depends entirely on the crime, as well. Is it something Dad could have his home impounded and sold at auction for? -Cause that would make my decision for me.

[Sanity Claws]

5. Expectation of privacy I don't think is important here

That is examined in terms of unlawful search and seizure. However, the dad is not the state. He is merely examining his own property that a minor has permission to use. The minor may believe he is entitled to privacy but I know nothing that gives him a right to privacy over a custodial parent's right and obligation to supervise his kid.