Cybersecurity Issues in Divorce
Divorce proceedings can be emotionally challenging and digital missteps can create unnecessary complications. Improper use of drones, remote access to a computer and use of nanny cams, hidden recording devices, air tags, and other modern technologies have become significant concerns in divorce cases.
Emotions rise during divorce, and spouses sometimes resort to digital surveillance of their future ex spouse whether or not they engaged in this activity prior to filing for divorce.
Appellate case law has opined on some of these cases, issuing restraining orders for drones flying over the spouse’s house or remote access to home computers or networks such as digital light switches, cameras, and smart thermostats. With the technology advancements, domestic issues have arisen as future ex-spouses are victims of Facebook logins, bank account invasions and other laptop intrusions.
Accessing another party’s accounts can raise serious legal and ethical concerns. It may involve issues related to privacy, confidentiality, and attorney-client privilege. In some situations it can even violate computer access or privacy laws.
More importantly, information obtained this way could end up damaging one’s case or limit how an attorney can use certain evidence.
There are practical steps for the targeted spouse to ensure privacy. Most immediately, change alarm codes and locks in the home to avoid the out spouse from showing up and walking in unannounced. Even if that spouse has the right to enter the home during the separation and divorce process, these extra security provisions set boundaries on when and require both parties to set a mutually agreeable time
If you have access to the security system account, either contact the surveillance and security system company directly to change your account information or simply log into your account and change the account information yourself, including any usernames, emails, and passwords. New account information that is unknown and cannot be guessed by your ex is critical.
Remove the batteries or remove certain systems altogether by taking down all cameras and/or audio recording devices from outside and inside of your home and disabling them.
Not doing anything means you could remain under a surveillance microscope, including surveillance footage and audio recordings. A future ex could still have access and may attempt to use this information to their advantage during the divorce process or to harass the other spouse. It is important to maintain privacy and ensure that the everything is kept confidential. Equally important is to be stress-free from harassment.
Note: This article is for informational purposes only and is not intended to provide either tax or legal advice. Please contact your attorney or accountant and rely on their independent research and advice for these matters.
