Spying on your Wife is it Legal?

Spying on your Wife is it Legal?

Humans have been spying on wifes and husbands since they lived in caves or in the bush. Many Anthropologists and historians have documented this event to have occurred so many times in the past that it can't be counted. Health Science confirms to us in this age that it's normal.

No, We are not crazy in doing it but is it legal? According to world historical records, the first reported and documented case of spying on a wife occurred in 1884.

Today in this new world of electronics it continues in a greater proportion. Men and women today tap telephones, check out private computer files, install telephone recorders, listening devices that record, intercept e-mails, install occult video cameras and sit at a computer for hours attempting to discover those secret passwords.

The described procedures or techniques all have different levels of legal consequences some cross the line into criminal violation of law and some are on the border of violation.

Many can be or are prosecuted by law and stature under the criminal code, civil code and or state code.

TELEPHONE INTERCEPTION

Many of American spouses routinely intercept their wife's or husband's telephone calls.

Personal Interception of telephone calls in your own home is not covered by Federal Interception or Wiretap Laws. But what you do with the audio that is intercepted can and will often get you into violations of wiretapping laws and will result in punitive damages.

If you reveal, private conversations to others and if the results of revealing cause the victim to suffer emotional distress in extreme you can be sued for punitive damages. The following is the decision of one New Jersey State Judge;

“The evil incident to invasion of privacy of the telephone is far greater than that involved in tampering with the mails. Whenever a telephone line is tapped, the privacy of both persons at the end of the line is invaded and all conversations between them upon any subject, and although properly confidential and privileged may be overheard…. As a mans of espionage, writs of assistance and general warrants are but puny instruments of tyranny and oppression when compared to “wire-tapping”

Olmstead v. United States, 277 U.S. 438, 574-76, 48 S.Ct. 564, 571, L.Ed. 944 (1928) Brandeis, J. dissenting).”

When the victim uses the above decision, his or her Attorney can make a claim for civil damages under the wiretapping statute. Remember that the resulting trauma of telephone interception is an invasion of privacy in some states.

Many states see that there is no reason to allow husbands or wifes to perform wiretapping or non-consensual acts against each other.

Marriage does not give one permission to abuse the rights of the other partner.

Always remember that with estranged spouses or partners the need for privacy is greater than under normal life and living conditions. The interception and taping of your spouse's telephone communications is an invasion of privacy.

In most states, wiretap statutes make it a crime to purposely intercept or hire somebody to intercept any wire, electronic, or oral communications.

In some states it is a second offense to expose or reveal any intercepted communications to any other person. Some parts of state laws grant victim's a cause of action against the violator and also allows the recovery of actual damages. Those laws also permit reasonable attorney fees and other court costs.

CELLULAR AND CORDLESS TELEPHONE INTERCEPTION

It is a violation of Federal Laws to intercept any cellular or cordless telephone calls. Such interception is a violation of Federal and State laws. Do not do it and make that information collected public.

UNAUTHORIZED COLLECTION OF DATA FROM COMPUTER.

FILES / PASSWORD / PINS

Unauthorized interception of such data without the owner's permission may be a violation of Wiretap Statutes or Computer related theft. However, some courts will not see the spouses retrieval of e-mails from the hard-drive of the computer as illegal. Especially if its the family computer.

THEFT OF COMPUTER DATA

Funny thing here is that there are very minor protections against the stealing of computer data. Especially when it comes to cases of divorce. Such information is considered minor data to most courts. In fact, if you do get caught having stolen the information without your spouse finding out. The worse thing that can happen currently is that you will pay a fine.

FINAL THOUGHT

As this post is written, laws are changing and evolving daily. Remember that most current results of revealing collected data or information will be civil suits against you as invasion of privacy or a cause of action against you the violator and also allows the recovery of actual damages especially if the results were . Those laws also permit reasonable attorney fees and other court costs.

LESSON TO BE LEARNED HERE :

If you cause the victim to suffer emotional distress in extreme you can be sued for punitive damages.