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Legal issues of Keylogging and other software

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bonnets posted 11/20/2013 21:09 PM

I own both the computer and my H's cell phone. Is it legal for me to put monitoring software on these two items?

doggiediva posted 11/20/2013 21:26 PM

From what I have been told the info you obtain would not be admissible in court...

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)]

HeartStings posted 11/21/2013 07:43 AM

So, hypothetically speaking, is it considered "hacking" if a WH logs into his iPad and iPhone right in front of the BS and the BS then uses the passwords to keep an eye on things?

tushnurse posted 11/21/2013 08:13 AM

If you own it, it is my understanding that you can do what you want with it. IT's not his computer. Now if admissable, who cares, if all you are trying to do is get proof, this is the quickest easiest way to get it.

I would start with the computer, you will most likely get all the info you need to be able to confront.

((((and strength))))

7yrsflushed posted 11/21/2013 08:22 AM

If you own it then you can put whatever you want on it. Whether it's admissable in court is another issue but imo is irrelevant. If you just want to get proof then go for it. As for using the proof, never give up your sources and you may not even need it for court. The fact that you have copies of emails or pictures is usually enough to get what you need if you are leaning towards D. Many WS's are worried about their "good names" and image so having damning evidence can go along way in getting them cooperate and be fair in the D process. Doesn't work on everyone but for some the fact that you could explode their lives in teh public eye can help you get out.

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.

bobf posted 11/21/2013 08:29 AM

You need to check your state's laws. In some states, it requires the express consent of both parties (your consent is a given, his not so much) to monitor his communication.

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)]

7yrsflushed posted 11/21/2013 08:35 AM

Do you have kids? If so you placed the software on YOUR computer and YOUR cell phone that you pay the bill on because you wanted to monitor their activity.

Gotmegood posted 11/21/2013 08:53 AM

What is *keylogger*? Is it observable to any who uses the computer?

StillLivin posted 11/21/2013 09:06 AM

The NSA, or National Security Agenccy, governs all monitoring of any type of communication and devices used to communicate. You can look up their website for more specific legal information.
In ALL 50 states and territories it is legal to do this if 1. the device is yours, and 2. you inform any and all individuals using the devices that the device is being monitored.

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)]

ProbableIceCream posted 11/21/2013 10:01 AM

Just because the NSA spies on everyone doesn't mean they make or enforce laws relating to spying.

StillLivin posted 11/21/2013 10:35 AM

Probable Cream,

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.

true story.

hathnofury posted 11/22/2013 07:41 AM

I was advised by my L that both cell phone and computer monitoring without his consent was illegal and involved federal laws. That not only was the evidence not admissible in court, but I could be prosecuted for it, even though the computer was purchased with my credit card, and the cell phone account was in my name. There is at least one other SI member that has been.

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.

crisp posted 11/22/2013 08:34 AM

There are different issues depending on the type of monitoring.

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)]

doggiediva posted 11/22/2013 09:38 AM

Just the fact that their WS has a secret account and passwords can be enough/ important info for some people..

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)]

SI Staff posted 11/22/2013 10:00 AM

Everyone -

When posting, please keep in mind that I-tips information (keylogger, software, etc...) should be discussed in the I-tips forum.

The I-Tips forum becomes available to all members once they've reached 51 legitimate posts and have added SImplicity upgrade to your Profile (if you have joined after September 2012).

Please do not post one word replies just to get your post count up, that will result in your Profile being disabled.

Thank you

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