Court: Wife broke law with spyware

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Re: Clarification needed...

"Was the computer solely his property or was it joint property of him & his wife?"

Whether it was or wasn't is irrelevant. The laws surrounding ownership of tangible property and those dealing with privacy of communications are two entirely separate beasts.

With regards to interception of communications, the law (both Federal and State) are neither confusing nor ambiguous, and state:

"ANY PERSON who... intentionally intercepts, endeavors to intercept... any wire, oral, or electronic communication... shall be punished... " [emphasis added]

The courts have consistantly held that a spouse falls under the category of "Any person".

Unless a statute has a specifically enumerated exemption for a class or group of individuals, then it is generally understood that Congress or Legislature intended to include them.

For example, you may have bought your phone from Radio Shack with your own money; the phone account may be solely in your name; and you may pay every dime of the phone bill every month, but you still cannot legally record your spouses conversations on that phone with impunity.

See: Glazner v. Glazner, No. 02-11799 (11th Cir. Oct. 16, 2003).

Hope that clarifies it a little.

Jim Parker
AXIS Investigative Services, Inc.
http://www.FloridaDetectives.com

Posted by: vccooper   Posted on: 02/19/05 You are currently: a Guest | Members login | Terms of Use

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