Monday, June 23, 2008

Spying Spouses

Family law can sometimes involve “good people, behaving badly.”

That’s according to Laura W. Morgan, of Family Law Consulting in Charlottesville, Va., who offers the tale of a hypothetical client named Mary, who thinks her husband, John, is cheating on her and using marital funds to pay for his trysts. Among other tactics, Mary purchased surveillance software, popularly known as “spyware,” and installed it on a shared computer, so she could read John’s password-protected e-mails and see the Web sites he visits. She additionally took the computer to a forensic computer specialist, who made a copy of the hard drive and then found scads of evidence that could be damaging to John in a divorce.

Mary is what Morgan calls a “self-help” spouse, because she has forgone formal electronic discovery — and it was easy and fairly inexpensive for her to do that. The problem is she may have broken a few laws in the process. (more)