This is not, however, an excuse for a spouse to snoop through a partner’s private accounts. Doing so is not just often illegal, but can actually hurt – rather than help – the case.

Resist the temptation to snoop

Technology has evolved quickly, and many laws remain behind the times. However, privacy laws at the federal and state levels provide fairly robust protection from digital snooping. This makes spying on a spouse not just a legal gray area, but oftentimes outright illegal.

Despite this, there is an abundance of hardware and software that allows for easy prying. This can include:

• Spyware programs to track a user’s computer activities
• A hidden recorder or voice recording program
• Small, easily disguised GPS devices
• Inconspicuous spy cameras
• Logging into private accounts to comb through messages
• Keyloggers that record every keystroke

Finding evidence that confirms a suspicion of wrongdoing may feel gratifying. Its benefits stop there.

Illegally obtained evidence is not admissible in court, so does your case no good. In addition, snooping could be seen as a negative behavior that ultimately influences other divorce considerations, such as the final custody order. And of course, you could face criminal charges or a civil suit.

Lawful electronic discovery

Part of the job of a divorce attorney is to gather relevant evidence in accordance with the law. This applies to electronic records, not just physical documents. There are means to securing and obtaining things like bank records, text messages, browsing history, phone usage and more – but this must be done with strict adherence to all applicable laws.

There is a lot at stake in a divorce. It is an emotionally challenging time, particularly if there was wrongdoing involved. While the urge to gather up digital evidence by any means possible is tempting, it is best to resist. Speak to your lawyer about any suspicions or ideas, and they can help determine the appropriate – and most beneficial – path forward.

For example, did you know that Google Maps can do more than just give you directions to where you need to go, and can actually help you get a better divorce settlement?

With Google street view, multi-lens cameras that have been mounted to the top of cars collect images from very perspective of a street.

For one man in Australia, Google Maps helped him catch his wife cheating. As the man was using Google Maps to find a vacation destination to take his wife to, he came across an image of a woman in a familiar looking outfit.

The woman in the familiar outfit was sitting with another man on a bench in Barranco, Peru, stroking his hair. Although Google blurs people’s faces when their cameras capture a person, the man was able to identify that it was his wife based on the clothing and other physical characteristics in the image.

The image the man found on Google maps was taken in 2013, but he was able to use it to get his wife to admit to her infidelity, ultimately leading to the couples divorce.

Speak to Divorce Lawyer in Rhode Island

If you are going through a divorce, get in touch with our attorneys to find out how our law firm can help you secure a fair outcome. The divorce process can be complicated and stressful, which is why we are here to guide you through your case. Let our attorneys use our experience and extensive resources to fight for you today.

Call 401-400-4254 to request a consultation with a Rhode Island divorce attorney.

With social media growing ever more popular, it is really no surprise that it has influenced all facets of our lives, including divorces, child custody disputes, and the like. Facebook posts, Instagram photos, Snapchat stories, and the briefest of Tweets can all heavily and surprisingly influence how a family law case pans out. It may even impact other forms of litigation, includingpersonal injury and criminal defense. In order to prepare RIAJ members for the road ahead and the arguments of any opposing counsel, the seminar panelists will be exploring any and all questions that are brought forth.

A main focus of the discussion will be educating clients early in a case about how to use – or not use – social media while a case is pending. The uncertain “dangers” of uploading the wrong post or saying the wrong comment are varied and many. It is up to Rhode Island attorneys to protect their clients from legal ramifications by spreading useful knowledge around.

Seminar details for interested parties:

• When: Wednesday, May 10^th, 2017 from 5:30 PM to 8:30 PM
• Where: Providence Marriot, 1 Orms Street, Providence, RI 02904
• MCLE credits: 1 General credit and/or 2 Ethics credits
• Costs: $95 for members, $125 for non-members, $50 for new Bar members, and $20 for students
• Accommodations: Dinner is included in the cost of admittance
• Additional information:

Interesting parties can also ask TJC • ESQ about this upcoming seminar for more information. You can also contact the firm’s Rhode Island attorneys for help with family law, child sex abuse, and personal injury cases.

This is not the first time AdultFriendFinder was hacked. In May 2015, another cyber-attack targeted the adult-friendly website, leading to 3.5 million accounts being shown to everyone who wanted to see them. FriendFinder has recently stated that they have fixed the vulnerability within their websites’ securities, but the argument could be made that the damage has already been done.

Reminiscent of Ashley Madison

Tech news headlines lit up last year after Ashley Madison was breached by hackers, shining light on about 37 million user accounts. The website is directly advertised as an online source for married people to find other married people who want to have an affair in secret. Following the account exposure, divorce rates jumped here and there.

Will the FriendFinder Network hack have the same effects on the married population? The number of accounts dug up by the hackers is tenfold but the implications might not be ascondemning. Ashley Madison encouraged and enabled infidelity but FriendFinder Network only has adult-themed services and content that do not break a marriage’s bond by definition. At this time, it is perhaps too early to tell or speculate how divorce rates will be affected, but a person’s name on the hacked list will certainly hurt their chances to gain child custody and property rights during a divorce, now or later.

The hack also serves as a clear reminder that what happens online is not totally anonymous and is never completely secure. Electronic discovery methods in divorce can dredge up user account information, with or without a hack. The only sure way someone can avoid having their account exposed is to never have one in the first place.

For more information regarding divorce laws and discovery methods, you can contact TJC • ESQ. Our family law attorneys in Rhode Island have decades of combined legal experience and our lead by Attorney Timothy J. Conlon, an award-winning divorce lawyer headquartered in Providence. Call 401-400-4254 today to begin.

If you decided to share private data and information with your spouse but are now divorcing, you might have delivered them numerous ways to make your life much more difficult. In some cases, you may have even given them fodder to use against you in your divorce process in an attempt to take away your property or custody rights. The moment one of you files for divorce is the same moment you should start safeguarding your own personal info.

Five things you should do to keep personal data private are:

1. Change your passwords: The importance of swapping out passwords as soon as possible cannot be stressed enough. As one of Rhode Island’s leading family law firms that utilizes the latest technology for electronic discovery methods, take it from our team at TJC • ESQ that passwords have to be changed. From social media accounts to bank accounts, make something new and original that your ex-spouse won’t be able to guess.
2. Disable one-click shopping: Some websites actually don’t require you to log in to use some of their features. Specifically, many online retailers have a “one-click-to-buy” option these days that you can use so long as you have been there before on that computer or device. Make certain this is inaccessible or disabled after you change your password.
3. Turn off geolocation: If your divorce has come about due to domestic violence or child sex abuse allegations, you have to make every available effort to protect yourself and your child. Disable geolocations and tracking for all of your phone’s applications unless they are absolutely necessary. Facebook, for example, will automatically add a geolocation to your posts if you haven’t turned it off, telling everyone in the world right where you are. Convenient, but maybe not the safest idea.
4. Close joint accounts: Did you share any credit cards or bank accounts with your spouse? Head to the bank and close them down, or remove yourself from them if that is the only option. You don’t want to get tied up in their finances any longer, or have yours abused by them. You will also need to start building up your own credit score again, and it is better to start that sooner than later.
5. Inform important parties: It may seem ideal to keep your divorce as private as possible, but there may be some important interested parties that should know about it. In particular, any professional organization that might not require passwords to access or divulge information. Tell these groups that you and your spouse are divorcing, and that your spouse no longer has privilege to know about your personal relationships or accounts.

Protecting your data and personal reputation after a divorce can be difficult if you don’t know all the ways they can be accessed or influenced by your ex-spouse. Team up with our Rhode Island divorce attorneys at TJC • ESQ, and we can help you figure out what needs to be done, why, and when. Contact us online for more information about our services.

As laudable as the goal of busting someone who got in a wreck while looking at YouTube videos may be, does the government have the right to seize and search every mobile device held by those in accidents? Do they need a warrant?

Video Embedded: https://www.youtube.com/watch?v=-pvszY6y2mU&feature=youtu.be

Timothy Conlon discusses digital forensics in divorce
Providence Journal video by Steve Szydlowski

A proposed new statute would call for any driver in an accident to surrender “any mobile device in their possession at or near the time of the collision.”The device would then be analyzed for evidence of use.

A universal rule subjecting drivers to warrantless search and seizure in an accident represents a departure from what has been the norm. We all know that drinking and driving is dangerous, but the cops ask for a breathalyzer only when they observe behavior that warrants a field sobriety test. There are states (including Connecticut) that have enacted mandatory breathalyzer statutes for serious and deadly accidents, but the texting statute in New York is much broader in that it applies in any crash.

Video Embedded: https://youtu.be/-pvszY6y2mU

Timothy Conlon discusses digital forensics in divorce
Providence Journal video by Steve Szydlowski

For starters, the best advice is still the simplest – if you don’t want a judge to see a post, don’t post it at all. Throwing up every event in your life is inviting public scrutiny. If your in a divorce or custody battle, privacy is the best policy. Even if your posts aren’t found because of the changes discussed below, you can be compelled to produce them in litigation, or sanctioned for deleting them. So the easy answer is don’t post.

Of course not all folks are certain they are heading into litigation, nor do they want to live under the burden of surveillance. Here’s where understanding what has changed at Facebook, and what options you have comes in.

Early Facebook searches returned people or company pages, and ignored individual posts. Those days are gone. But wait, there’s more. When FB opened up post data to its search engine – it initially did it for friends only. In other words you searched your friends posts. Now its PI heaven – when you search you see all public posts.

The tactical response is simple- make your posts accessible to friends only. Does the whole world really need to know where you ate last night? Do you want a private investigator looking at that data?

For a walkthrough, go https://www.wired.com/2015/10/facebook-search-privacy/