Keylogging, etc


#1

I


#2

We have three articles that give an in depth analysis on how federal and state wiretapping acts relate to family law:

A Detailed Look at Spousal Spying
Federal Laws on Spousal Spying
Using Keyloggers

You will see that there is a serious need for reform to the laws in this area, and court opinions vary from state to state about the use of spyware, specifically keyloggers. The use of the keylogger in this case is most likely illegal, and the voice activated recorder would also be illegal if you recorded conversations amongst your husband and another party. NC is a “one-party consent” state, meaning that you can record conversations between you and another person, but you may not record conversations between two other people. Even your unauthorized access to his facebook page can be deemed to be a violation of the wiretapping laws.

While you may not face jail time, you could face serious fines for engaging in this activity. If found in violation of the state wiretapping statute, you are guilty of a Class H Felony, and your husband can be awarded damages: Compensatory damages are calculated at a rate of $100 per day, for each day in violation, or $1,000 total, whichever is greater. In July of 2012 a husband was forced to defend himself in civil court in Brunswick County, North Carolina for using spyware to monitor his ex-wife’s emails and Internet activity. After hearing only three hours of testimony, a jury awarded a verdict in favor of his ex-wife, and he was ordered to pay compensatory and punitive damages as well as attorney’s fees; the grand total was a $25,400.