What: Husband uses keystroke logger to spy on wife's suspected relationship with another woman, who sues to prevent the records from being used in the divorce case.
When: U.S. District Judge Thomas Rose in the southern district of Ohio rules on February 14.
Outcome: Rose denies request for injunction preventing the electronic documents from being introduced as evidence in the divorce case.
Excerpt from Rose's opinion:
Because the suppression provision excludes illegally intercepted wire and oral communications from the courtroom, but does not mention electronic communications, several courts, including the Sixth Circuit, have concluded that Congress intentionally omitted illegally intercepted electronic communications from the category of cases in which the remedy of suppression is available. (more)
