Is your WH remorseful, would he consent to being monitored?
In my state it is not legal to monitor computer/cell without his consent... ( Consent is the overriding issue )
Do you mean that phone and computer are on accounts that are in your name only?
If an e-mail acct is your WS's personal e-mail account and you hacked into it without his consent you open yourself up to liability if he KNOWS that you hacked into it ..
If your WH is aware of the law surrounding this, he can be a real ass hole and bring charges against you...
With that being said, if you guys are living in the same house and use a common computer, I doubt that he can get you in any legal trouble..
[This message edited by doggiediva at 8:57 AM, November 21st (Thursday)]
I would start with the computer, you will most likely get all the info you need to be able to confront.
I installs keyloggers on pc's and searched old phone and found evidence. I have no intention of exposing my STBXWW more than she already has but I kept the stuff I foudn so when my children are older if she ever tries to lie to them about what happened. I have proof of which one of us is actually telling the truth.
I am no lawyer, but I suspect you would at least open yourself up to a Civil Lawsuit if you were caught "tapping" his communications.
If all you do is collect info to see if he is faithful and not for legal purposes, if you are careful you should never be caught and the issue will be moot.
If you are trying to gather info for divorce/custody hearings, I think I'd talk to a lawyer.
[This message edited by SI Staff at 1:31 PM, November 21st (Thursday)]
However, the burden of proof that you intended to illegally monitor falls on the accuser. Who is to say you just forgot to tell someone that used "your" devices that there was monitoring software on their.
Now, if you were to take your device back and have it forensic'd, THAT is not illegal at all.
Knowing these laws, I choose to not put anything on the phone he used that was in my name. Instead, when he fell asleep, I took his, ahem...I meant my, phone and had it forensic'd.
Was amusing to watch him looking for his phone and couldn't find it. By that time, I had taken the battery out, and put it in the mail to a PI.
edited for types
[This message edited by StillLivin at 9:08 AM, November 21st (Thursday)]
Just because the NSA spies on everyone doesn't mean they make or enforce laws relating to spying.
Yes they do. They are the end all and be all on jurisdiction of all intercepted communications, or as you put it, spying.
"NSCID No. 6 establishes the U.S. Sigint mission; assigns the responsibility for that mission to the Director, National Security Agency (DIRNSA); establishes the Central Security Service (CSS) under DIRNSA; and defines the relationships between NSA and other departments and agencies......"
Of course the NSA won't be the arresting authorities. That would be your local police.
It is also my understanding, although I have not verified it with a legal expert, that having computer forensics done is an entirely different legal matter easier to pursue. It is also my understanding that using a Nannycam to record video only is not illegal, but IDK that would play out in court if you don't have kids or a nanny, LOL.
What is legal as far as I know is extracting internet history files of your own computer, tapping into email and web site accounts you know the password to and taking screen shots (assuming it is your computer and not work-related accounts subject to confidentiality agreements), getting all the call record info from your cell provider, and taking pictures of anything you can pull up on the phone (again account in your name) on your own. All these things I am fairly certain you can do without significant legal recourse, but someone correct me if I am wrong.
Listening/recording conversations-- There are a few states that require the consent of Both parties to a conversation being recorded. Most states and the feds only require one party (you if you are involved) to consent. If you are not part of the conversation and you record both sides of the conversation, it is tricky. It probably is illegal even if it is your phone/computer. Consult with an attorney to make sure.
Camera in your house-- I know of no law that prohibits monitoring video and sound surveillance in a home you own.
Key loggers and forensics on computer-- If you own the device, you can use it as you wish, including mining information on it. That does not mean you can take the further step of hacking into email and other accounts just because you legally found out about a secret email account and password.
[This message edited by crisp at 8:36 AM, November 22nd (Friday)]
My WH's laptop is password locked..
Also his cell.
He refuses to give me the passwords..Early on after D -Day this in of itself made me realize that his secrecy was more important than how safe/respected I felt or the marriage being saved...
[This message edited by doggiediva at 9:42 AM, November 22nd (Friday)]
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