Unauthorized access to another’s email account can give rise to a variety of claims. The Computer Fraud and Abuse Act (“CFAA”), for example, prohibits a wide variety of improper computer activity, including unauthorized access to another’s email account. Specifically, it makes it illegal to intentionally access a computer without authorization and to thereby obtain information which results in a loss worth at least $5000 over the course of a year. (See 18 U.S.C. § 1030(a)(2)(C)). In Virginia, the Computer Crimes Act prohibits “computer fraud,” which occurs when a person uses a computer without authority and thereby obtains property or services by false pretenses. It also makes it a crime to commit “computer invasion of privacy,” which occurs when a person, without permission, logs onto someone else’s computer and examines that person’s employment, salary, credit, or any other financial information.
To obtain relief under the Virginia Computer Crimes Act, a plaintiff must have suffered injury to person or property. (See Va. Code § 18.2-152.12). And as mentioned above, you need at least $5000 in damages to recover anything under the CFAA. But what if someone hacks into your email and reads your personal messages without actually causing any direct pecuniary loss or personal injury?