WWMD? Legal Question

[Canuk]

I have a question for all you legally minded maggots -

I have a friend who is at the begining of a pretty messy divorce. He suspects his wife is cheating, possibly using drugs (not of the recreational variety), stealing from work etc. He knows that she has a number of supposedly secret email accounts, and would like to keep tabs on her activity by gaining access to the accounts.

If they are not legally seperated yet, and he has permission from the owner of the computer she uses, if he installs a key stroke recorder onto the computer she uses and gains access to her email that way, is he putting himself in a percarious position when it comes to custody issues etc?

[truth]

Only if he violates terms of use with an ISP by illegally opening up her accounts. Best to not bring that sort of material into court anyway. Really does not hold much water as it's too easily forged.

[AH]

I dunno about the american legislation, but over here, you don't stand a chance with anything that comes up out of those kinds of practices.

My serious advice : get a different mindset. Does it really change anything for him if he 'knows' what she's doing instead of just 'having a strong idea'?

[Canuk]

Originally posted by AH
I dunno about the american legislation, but over here, you don't stand a chance with anything that comes up out of those kinds of practices.

My serious advice : get a different mindset. Does it really change anything for him if he 'knows' what she's doing instead of just 'having a strong idea'?

From talking to him, I think he would feel more comfortable about her having the kids if he could dis-prove some of his suspicions.

I don't think that he is looking to take anything he finds into court, but certain things he might find out (ie. confirmation of stealing, cheating, drug use etc.) may prompt him to take quicker, more decisive action against her.

[AH]

Originally posted by Canuk
From talking to him, I think he would feel more comfortable about her having the kids if he could dis-prove some of his suspicions.

Allright, but I think that feeling might be deceptive.

I don't think that he is looking to take anything he finds into court, but certain things he might find out (ie. confirmation of stealing, cheating, drug use etc.) may prompt him to take quicker, more decisive action against her.

There you go : "may prompt to him to take quicker, more decisive action". That's what I meant by mindset. He should act quick and decisive if that's what he feels he needs to be doing. He doesn't need to go looking for confirmation, heck, that mostly works counter-productive anyway.

[Canuk]

bump - for anyone else that can comment...

[Chronic]

I don't know much about family law, but I don't think it would look good if he was caught installing a keystroke recorder and using this to access e-mail accounts. Possibly a breach of privacy or even criminal penalties for this sort of thing. (in the U.S. anyway) In any event, it would give his spouse some leverage in the divorce proceeding. Of course, the information he finds could wind up helping more than hurting. If there's another way to confirm his suspicions it would probably be better. I think much would depend on the factual situation, so it's tough to speculate.

Have him talk with an experienced family lawyer to get his/her opinion. If your friend's suspicions are correct, he'll need one anyway - might as well be earlier in the process rather than later.

[Viva]

If the old lady is indeed cheating, then your buddy ought to hire one of those snoops who goes around following people with a camcorder. If she's caught on tape, it could lend itself in court and your friend can also sell the video to one of those reality TV shows, thus cashing in as well as embarrassing her.

[irul&ublo]

If the e-mail account is on a third party system, such as yahoo, ATT, AOL etc., or even a local ISP, then unauthorized (meaning not authorized by the account holder) access to the account, even if the holder of the account uses someone else's computer to create/access it, is a violation of Federal law.

You're welcome. I'll send you a bill.

[Canuk]

Originally posted by irul&ublo
You're welcome. I'll send you a bill.

The cheque is in the mail. Thanks for the advice.