Swiss court cracks down on unauthorised third-party email access 

If you use 123456 as your password beware - 23.2 million accounts have been hacked worldwide using that code, according to the UK's National Cyber Security Centre (NCSC). swissinfo.ch

Switzerland’s highest court ruled on Wednesday that opening a third-party email account without prior authorisation is against the law irrespective of how its password was obtained.

The Federal Supreme Court confirmed a hacking conviction against a woman who read her husband’s emails after the pair separated.

She had been convicted under the Swiss Criminal CodeExternal link article on hacking although she argued that she obtained the password in an office previously shared with her spouse.

“How the password is obtained is not decisive,” reads the court’s decision. “Irrespective of the process [of obtaining access], unauthorised opening of an email account is prohibited. “

The woman had found the email credentials written on a card left behind in the office space she had shared with her husband prior to their separation.

Uncertain whether she could legally log into his email account, she consulted both the Internet and a relative who works as a public prosecutor.

The relative reportedly was of the view that this was not a crime and the woman proceeded to open her husband’s inbox several times.

The Federal Court sided with a lower court which argued that the husband unconsciously leaving the password behind should not be interpreted as consent to access his email account.

The highest court was also unmoved by the woman’s argument that her actions had been based on erroneous information provided by a public prosecutor, noting this was not official information.

The woman was fined CHF300 and could be subjected to an additional fine of CHF1500 if she offends again.

Die Frau wurde zu einer bedingten Geldstrafe von 50 Tagessätzen zu 30 Franken und zu einer Busse von 300 Franken verurteilt.