The Consequences of Cyber Snooping in a Georgia Divorce
Under Georgia law, divorcing couples can face both civil liability and criminal charges for any unauthorized access to private electronic communications, including texts, emails and computer files.
June 19, 2010 /24-7PressRelease/ -- A recent study commissioned by consumer electronics website Retrevo.com revealed some very interesting information about love in the modern technological age: Many couples don't trust each other.
Specifically, the study found that more than 1/3 of young adults and married couples had viewed their significant others' text messages or emails without their knowledge. This statistic is relatively unsurprising given the proliferation of high-speed Internet, smartphones and social networking sites. With just a few furtive clicks or glances at a screen, a person can easily discover critical and highly personal information about their spouse or partner. Gone are the days of the private investigator, or the need to rifle through bills or letters.
While the news is filled with salacious stories of cheaters caught in the act via texts or email, what about divorce? Are former spouses able to legally spy on one another in order to gain the upper hand in divorce proceedings?
It is indisputable that emails, correspondence from social networking sites, text messages and computer files can all serve as extremely valuable evidence in a divorce. For example, MySpace photos of a former spouse posing with a new car or motorcycle can quickly debunk any claims that they are too broke to pay alimony. Similarly, text messages may establish that a former spouse failed to abide by the terms of a child custody agreement by traveling out of state.
Despite the inherent value of this type of evidence in divorce proceedings, it must be obtained in the proper manner. The state of Georgia does not treat cyber snooping lightly and has very strict laws in place. In fact, a divorcing spouse who fails to abide by these rules can face civil liability and even criminal charges.
Georgia Law Prohibits Unauthorized Access to Computer Information
The Georgia Computer Systems Protection Act was passed by the state legislature in 1991 in order to counteract the growing threat of computer crime in both the public and private sectors. The act covers five specific computer crimes that encompass a wide range of criminal activity:
- Computer theft
- Computer trespass
- Computer invasion of privacy
- Computer forgery
- Computer password disclosure
Computer trespass and computer invasion of privacy typically merit the most discussion in the context of divorce and cyber snooping.
Computer trespass
According to Georgia Statute Section 16-9-93(b), a person is guilty of computer trespass if they use a computer without the permission of the owner and with the intent to:
- Delete or remove data, either temporarily or permanently
- Obstruct, interrupt or interfere with the use of a computer program of data
- Alter, damage or cause the malfunction of a computer, computer program or computer network
Most spouses commit computer trespass via the first point, destroying or removing data without authorization from their former spouse. For example, if you secretly use a former spouse's password to access and print otherwise confidential financial files, you will have committed computer trespass. It is of no consequence whether you were just guessing about the password or if the data was stored in a file that was not password protected. The critical issue is whether data was intentionally removed from the computer or other electronic device without permission from your former spouse.
Computer Invasion of Privacy
According to Georgia Statute 16-9-93(c), a person is guilty of computer invasion of privacy if they use a computer with the intent of gaining unauthorized access to the following types of information:
- Employment information
- Medical information
- Salary information
- Credit information
- Any other financial or personal data
Computer invasion of privacy can be committed in any number of situations. For example, if you are somehow able to read the online correspondence of your former spouse from an account that that is only accessible via a work computer and later use this information in divorce litigation, you will have committed computer invasion of privacy. It doesn't matter if the account information was accidentally left open, or if you only glanced it. The critical question is whether sensitive, confidential information was intentionally examined without permission from your former spouse.
The Penalties of Computer Trespass and Computer Invasion of Privacy
Those who commit computer trespass and computer invasion of privacy face fairly harsh consequences. In terms of civil penalties, a former spouse injured by either of these crimes can sue for the damages sustained and for the costs of bringing the lawsuit. In terms of criminal penalties, the accused may face a fine of up to $50,000, imprisonment of up to 15 years, or both. While it is likely that the most severe punishment would be reserved for more serious offenders, a defendant would still have to deal with undesirable consequences, including the possibility of a permanent criminal record.
It is also important to note that under Georgia law, the trial court has the authority to "conduct all legal proceedings in such a way as to protect the secrecy and security of any computer, computer network, data or computer program." This means that even if a person faces no civil liability or criminal charges, any improper evidence could still be excluded by the judge in divorce proceedings.
Conclusion
The best way to avoid charges for computer trespass and computer invasion of privacy in your divorce is simple: If you former spouse did not grant you permission to view the information in question (i.e. you have no password) or did not grant you permission to use an electronic device, you should avoid it altogether. It doesn't matter how valuable or scandalous the information may prove to be.
The only situation in which this type of information may conceivably be used in divorce proceedings is if it was obtained from a jointly shared computer or account, or by your attorney via the discovery process.
If you have questions about the types of information that can be used in your divorce, you should strongly consider speaking with an experienced family law attorney. Don’t risk making a serious mistake.
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