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Spying spouses and their high-tech tools: divorcing spouses who try to gain the upper hand in family law litigation by catching the other party in the act may violate federal and state eavesdropping and privacy statutes. Here's a look at these laws and how they might apply in various true-to-life scenarios.
- Article from:
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Illinois Bar Journal
- Article date:
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July 1, 2008
- Author:
- Turoff, Alison G.
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Copyright informationCOPYRIGHT 2008 Illinois State Bar Association. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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A phone call between a non-custodial parent and his child. An illicit e-mail from an estranged spouse to her paramour. Downloaded bank records from an undisclosed bank account.
Litigants in family law cases manage to obtain all kinds of evidence that they believe will clinch their cases for them. But in doing so they may have violated one or more statutes regulating eavesdropping or abuse of computer and other technology. Family lawyers need to know both the federal and state laws that apply to eavesdropping in its various incarnations in order to counsel clients who walk into their offices with evidence they hope will win their cases.
There ...