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Spying on Your Spouse Part III: Recording Conversations Could Land you in Prison

By Jonathan Fields, Esq.

Tempted to record your spouse’s conversation with you or with a third party — perhaps in the hope that you’ll get some “smoking gun” evidence that will benefit you in your divorce?

Think again.

In Massachusetts, we have what is known as a “two party consent” law (or, more accurately, an “all party consent” law.)  See G.L. c. 272, § 99. That means that everyone being recorded needs to know they are being recorded.  This is a criminal statute. That means if you violate it, you could go to jail.

Apart from the criminal liability, you likely will not be able to use the evidence in court.

So, before you hit record on your iPhone because you think your spouse is going to say something damaging, and before you install a listening device in the home, think again.

And don’t do it — it’s not worth the risk.

NOTE FROM FIELDS AND DENNIS — THIS IS PART OF A SERIES ON CYBER ISSUES AND DIVORCE.  FOR MORE SEE HERE.

Spying on Your Spouse Part II: The Danger of GPS Tracking

 

By Jonathan Fields, Esq.

You want to find out where your spouse is going when you are not with them. Are they cheating? Why not put a GPS tracker on the car?

Private investigators, even the best ones, will tell you that you can put a GPS tracker on a car that you own.  So, if your spouse is driving a car that you own, jointly or individually, they will say that this is fine.

And it’s not just the car.  There are even GPS trackers small enough to place in someone’s bag or clothing.

However, placing a GPS tracker on a spouse’s car (or somewhere else) could be considered stalking. In Massachusetts, three or more instances of following another could be considered stalking. G.L. c. 265 s.43.  Stalking is criminal — and people can go to jail for it.

Bottom line: Don’t use a GPS tracker.  The risks are not worth it.

NOTE FROM FIELDS AND DENNIS — THIS IS PART OF A SERIES ON CYBER ISSUES AND DIVORCE.  FOR MORE SEE HERE.

Spying on you Spouse Part I: The Danger of Keylogging Software

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.

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