Keylogger=Wiretapping?


#1

I am having the same problem. My mother’s ex-husband is using a Keylogger Program to obtain passwords and other things in order to obtain passwords, pictures, etc. that he believes may be used in court.

I don’t think a judge would allow anything like this to be used. If you have found anything, you are finding it in an unethical way if you don’t live with your wife. This is considered hacking and can be considered a serious offense in some places. I hope the judge won’t let you use it. If he does, I hope your wife’s attorney brings up how you found these materials unethically.

Take care.


#2

The only thing that is currently against the law is recording your spouse’s phone calls. To do this, you would need permission from he/she first.


#3

In NC, in is legal to record phone calls as long as one person(you) know that conversation is being recorded.

Below in a site listing the “one party consent” states.

dianamey.com/Taping.html


#4

The “One Party Consent” is a complete loophole. What you are finding is UNETHICAL and most judges wouldn’t allow what you have found. If in a messy divorce, fabrication of many documents is very likely. You would be amazed at the difference a few documents makes in a dog eat dog divorce.

If the judge won’t allow it, I am pleased. Using the keylogger software is not the right thing to do. The law says nothing about Keylogger, but hacking is a crime.

Mr. Rosen, what do you think?


#5

I feel like the keylogger is a good way to confirm one’s suspicions but the main point I need answered is this. Could one use this information obtained at all in the court system or would the judge refuse to hear it because of how it was obtained?


#6

Well, if I were the judge, I would refuse to hear it. You got the information without your wife’s knowledge. Do you live with her? If not, what you are doing probably wouldn’t be heard. If you live with her, it’s a way of saying “Mine is Yours and Yours Is Mine” because you found the information while living with her.

What county in NC are you concerned about this with, f951?


#7

Catawba Co.


#8

Dear f951:

Greetings. My suggestion is that you not try to use that software, or let her know that you used the software, but instead that you have a computer expert try to pull off the computer’s memory and/or get the e-mails from the internet provider. Thank you.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#9

Is using keylogging software to obtain emails equal to wiretapping a phone? If I used keylogging software on my computer and my wife typed emails to her lover, could I legally use that information in court?


#10

I got the same problem now. I use iPhone spy to monitor my husband, and I am not even sure if it legal to spy on my husband.


#11

Not an Attorney*

I’ve seen this answered before here, and the general rule I believe is, if it is a computer in a married household, then it is reasonable to assume that anything on that computer is shared within the marriage, and if you are able to install a keylogger, then anything gathered by such is admissible.

A cell phone is a bit more tricky. If the phone is a married asset such that it’s maintained on a common married plan, the bills are paid for by marital funds, then I’m pretty sure it could be argued it is a marital asset and there are no privacy laws guarding access to information on the phone. If however, the phone is a business phone or maintained separately, then that could fall into a more gray area.


#12

Not a lawyer

Be very careful before you install software or use other tactics to gather information. If things get ugly, you could be sued for invasion of privacy.


#13

You weren’t specific about how you are using the phone to spy on your husband, but you should know that there are many consequences to spying on spouses, and the information obtained may not even be admissible in court. You should read our article on liability under federal and state wiretapping laws for more information before you make any decisions about how to proceed.