Rochester Hills, MI – Today, State Rep. Tom McMillin (R-Rochester Hills) said he would introduce legislation early next year to make it clear that parents cannot be charged with a crime for viewing their children’s emails or other electronic communications. He also indicated that his legislation will cover spouses. McMillin’s intentions were sparked by recent reports that one of his constituents, Mr. Leon Walker, is being prosecuted by the Oakland County Prosecutor’s office for gaining access to his then-wife’s email account and viewing some of her emails, which turned out to apparently be between her and a former husband with whom she was having an affair.
“It’s hard to believe Oakland County Prosecutor Jessica Cooper would waste significant taxpayer money on this situation. There are murderers and thieves out there to harass and aggressively prosecute, yet she goes after Mr. Walker. I wonder if she intends to start a special unit to begin investigating husbands’ and wives’ computers across the county.”
McMillin has reviewed the State Statute in question,
http://www.legislature.mi.gov/(S(g1p2kqrcuom2vt55lzrhp1nr))/mileg.aspx?page=getObject&objectName=mcl-752-795
as well as the original bill, HB5748 of 1996
http://www.legislature.mi.gov/(S(ykda0o55s503i4ezpw5lwy45))/mileg.aspx?page=getObject&objectName=1996-HB-5748
and stated, “After reviewing the State Statute and the original bill, it is clear there was never an intention for this law to be used to go after spouses. Since it appears at least one prosecutor in the state can’t see that, I’ll introduce legislation early next year to clarify…the obvious,” said McMillin.