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The Honolulu Advertiser
Posted on: Tuesday, August 16, 2005

Beware of computer snoops

By Kim Komando

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Employing a private investigator isn't the only way to gather evidence in divorce or child custody proceedings. Clandestine keylogging and tracking programs installed on home computers can provide digital proof. You should know the downsides before you install this type of software.

Take the case of Beverly and James O'Brien. Beverly installed snoopware on her husband's computer. She attempted to admit the information she obtained as evidence in divorce proceedings. In March, a Florida judge ruled that the information couldn't be admitted because it violated a state law involving "intercepted" communications.

Don't let Beverly's experience lull you into a false sense of security. The use of computer evidence in divorce proceedings is a legal quagmire. In other situations, it has been successfully admitted in court.

To protect yourself, it's best to err on the side of caution. Don't use the computer to send any correspondence, exchange any messages or post any information you wouldn't want to show up in court. Also, don't think that you can cover up damaging correspondence by deleting it. Forensics experts can retrieve all sorts of lost or deleted information from computers.

If you share a computer, you should have no expectation of privacy. Your spouse may be able to access information on the computer. Even if it isn't admissible in court, it can work against you. Further, attorney-client privilege may not apply to communications stored on a shared computer, according to several Web sites that track technology and the law.

Here are some more ways to prevent your Internet activities from surfacing during divorce or custody cases.

  • Use caution when sending e-mail. It's best not to disclose sensitive information or personal details because you don't know how it might be used in court.

  • Change your password regularly to keep your spouse from guessing it and be careful not to set any password reminders that your spouse can figure out.

  • Don't use e-mail for very sensitive correspondence. Internet service providers can be subpoenaed and forced to turn over your e-mail, including the contents of your trash folder. Even if you remember to empty your trash folder regularly, an ISP could still be forced to turn over backups of your mail folder designed to protect you in case you accidentally deleted an important message.

  • Avoid chat rooms and Internet forums. Many people mistakenly believe they're anonymous in forums and chat rooms. However, when you post messages online, your computer address is recorded. Anything you write is traceable to you.

  • Avoid visiting potentially damaging Web sites that might raise questions about your fitness as a parent or spouse.

  • Back up important data in a safe place because your spouse might benefit from "missing" information. Copy it to a CD or other long-term storage media and keep it in a safe-deposit box.

    With these cautions in mind, let's take a closer look at keylogging programs.

    Keyloggers are clandestine by design so you won't know they're running in the background. However, if you suspect one's installed, SpyCop (www.spycop.com) or SpyDetect (www.spydetect.com) may find it. Other anti-spyware programs also may do the trick.