Rhode Island Family Court issues order for forensic back up of husband's
computer where spyware was installed on wife's laptop.
Feelings run high in
divorces, and unfortunately, some people try do-it-yourself remedies when it comes
to computer discovery in divorce. Often, an amateur investigation can
not only fail, it can result in a criminal prosecution.
Timothy Conlon discusses digital forensics in divorce
Providence Journal video by Steve Szydlowski
Many of us heard of the Detroit husband charged criminally when he accessed
his wife's email during
custody litigation, allegedly obtaining her password without authorization.
http://knowledgebase.findlaw.com/kb/2011/Jan/260409.html. Nowadays In divorces, what better way to find out what a spouse is up
to than to see their email?
There is a right way and a wrong way to go about
electronic discovery. A client recently found that spyware had been installed on her computer,
and that it had sent regular 'blasts' of data secretly to her
ex-husband. They had on-going litigation in the Rhode Island Family Court,
and her ex certainly seemed to know her every move.
Until the day of Court.
Working with a computer forensics consultant, we documented the installation
and use of spyware on the wife's computer, and filed an emergency
motion causing the Court to order a immediate forensic back up of the
husband's cell phone and computers on the spot. He surrendered his
phone to his lawyer in the court house, who in turn tendered it for forensic
examination. The technician then left with the husband to take possession
of 2 terabytes of hard drive data, which was preserved to further investigate the hack.
The takeaway - computer forensics and electronic discovery in divorce is
not a do-it-yourself project.
Call our firm today for top-quality legal counsel during a divorce.