Spyware


#1

Dear drwilsontwo:

Greetings. Yes, your spyware may be illegal. We are not simply talking about misdemeanor illegal, but in violation of the federal wiretapping law. My advice is to remove the software and only use the evidence your PI gets (unless you are in court and decide to subpoena her e-mail records). Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorcecom
919-787-6668

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.


#2

Could I really be prosecuted for that? I was just trying to protect my domain and marriage so to speak. I wanted to make sure someone wasn’t aggressively pursuing my wife.

quote:
Originally posted by JanetFritts
Dear drwilsontwo:

Greetings. Yes, your spyware may be illegal. We are not simply talking about misdemeanor illegal, but in violation of the federal wiretapping law. My advice is to remove the software and only use the evidence your PI gets (unless you are in court and decide to subpoena her e-mail records). Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorcecom
919-787-6668

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.



#3

Dear drwilsontwo:

Yes, you could be prosecuted. Truly, I don’t quite believe you … I think you had it on your computer to get more evidence on your wife, but I am just one skeptical attorney … and I am sure the United States Attorney will be less skeptical, don’t you? Okay, all sarcasm aside, YES you can be prosecuted, so remove it or have your attorney do the research for you. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorcecom
919-787-6668

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.


#4

Who prosucutes people that use spayware??? My best friend discovered by accident today when her computer locked up that he husband has spytech recording her keystrokes and every thing.

Who do you call to report this is it is a felony?

T


#5

Dear OCD:

Greetings. You would contact either the district attorney in the county you live for the United States Attorney. Remember though that both have “bigger” things to do and the implication of calling them may be more beneficial to you then the actual call. 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

10925 David Taylor Drive, Suite 100
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.


#6

what about emails discovered on a “family” email adress. i was deleting emails and found some to and from him and another woman.
also, is it ok to have a fake profile and send emails to him? can i use those against him?


#7

Dear carstin:

Greetings. Yes, the family e-mails will work. However, trapping your spouse with a fake profile is probably not that helpful to you. Your spouse can always say they knew it was you. Also, I cannot imagine that entrapment is a good idea. 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

10925 David Taylor Drive, Suite 100
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.


#8

Is it legal to have spyware on the computer and then use it in court? I have determined from this software that my wife has engaged in serious discussions about MARRYING another man, all while we are still married. We haven’t even had mediation yet! It’s almost hard to believe but she has already convinced him of a wedding date for sometime in late 2005 in Cancun.