This week, NPR ran an interesting piece on how “Smartphones Are Used To Stalk and Control Domestic Abuse Victims,” explaining the danger of how someone can secretly spy on you through your electronic devices and social media such as a smartphone, tablet or computer from a distance in order to gain power over the other person, particularly when it relates to Domestic Violence.
Typically, this type of spying could constitute an invasion of the other person’s privacy, which if proven, can lead to not only potential damages in a civil suit, but also criminal charges as it violates the Federal and Pennsylvania Wiretap Statutes.
As family lawyers, we sometimes get asked these types of questions in a divorce or custody setting. Our clients may want to open emails of the spouse, which if password protected, cannot be opened without the spouse’s consent or Court Order. Or they ask about installing spyware on the spouse’s electronic devices; in divorce cases; this is inadmissible and also illegal under State and Federal Wiretap Laws.
All States have computer crime laws which regulate unauthorized access to data even in instances when you own the computer or it is a marital asset. Unfortunately, social media is harder to control since it can be a vast source of information and is used more and more in divorce and custody cases. We typically advise our clients to refrain from posting pictures or commenting on sites such as Facebook while their divorce or custody matters are pending because you cannot control what others may post on your pages even with strict security and privacy settings. We do not recommend that they delete their Facebook account, because their account and all comments and pictures are discoverable and there will be a spoliation issue if they decide to delete their account. However, if you must continue with social media, following some strict guidelines will be necessary to avoid location detection, inappropriate photos, messages, videos, etc., that may be used against you in your divorce or custody case.
Although living in an electronic age may have tremendous advantages, knowing how someone can spy on you has become incredibly important to protect not only your privacy, but your protection and well-being as well.
Lehigh Valley Family Law is a publication of the KingSpry Family Law Practice Group. It is meant to be informational and does not constitute legal advice.
