On Wednesday, Motherboard showed how powerful off-the-shelf, $170 spyware really is. For a day, I used a piece of software on my phone to surreptitiously collect GPS location data, intercept phone calls, and silently steal photos.
Although a hacker can only infect a phone if they have physical access to the device, the threat from this type of malware is very real. It is heavily used by, and marketed towards, jealous lovers to spy on their spouses. For around two decades, people have used spyware for this purpose, with many cases ending up in violence or even murder.
NOTE FROM FIELDS AND DENNIS — THIS IS PART OF A SERIES ON CYBER PROTECTION DURING DIVORCE. FOR MORE SEE HERE.
How domestic abusers use smartphones to spy on their partners
More and more people who commit violence against their intimate partners are using technology to make their victims’ lives worse.
Consider one case we came across in our research: A woman in New York City who was being abused had sought help at a counseling center — privately, she thought. Her partner, however, had installed a tracking device on her phone, drove to the center, and literally kicked in its door. Counselors ended up calling the police.
NOTE FROM FIELDS AND DENNIS — FOR OUR SERIES ON CYBER ISSUES AND DIVORCE, SEE HERE.
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.