By Jonathan Fields, Esq.
This is the first in an occasional series of blog posts about spying on your spouse.
Keylogging software a program which monitors the key strokes of the user of the computer. Using these programs, a spouse could, among other things, discover the other spouse’s passwords. And subsequently, that spouse can access any and all password protected email and other accounts.
Tempting as it sounds to use these programs in a divorce situation, this is illegal in Massachusetts because it violates the Massachusetts Wiretap Act, G.L. c. 272, § 99. Further, the spying spouse could face civil penalties for an invasion of privacy claim, per the Massachusetts Privacy Act, G.L. c. 214, § 1B.
Further still, any evidence you gather will likely be inadmissible in court.
So, despite all the advertising touting the benefits of these programs: DON’T USE THEM.
NOTE FROM FIELDS AND DENNIS — THIS IS PART OF A SERIES ON CYBER ISSUES AND DIVORCE. FOR MORE SEE HERE.