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Digital Spying in Divorce: Exposing a Spouse's Electronic Snooping or Stalking, Engaging a Digital Forensics Expert

Recording of a 90-minute CLE video webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Wednesday, August 7, 2024

Recorded event now available

or call 1-800-926-7926

This CLE webinar will provide guidance for divorce practitioners whose clients may be the target of their spouse's surreptitious electronic snooping, spying, or stalking activities. The panel will discuss how these activities can occur, some common signs that a spouse might be engaging in such activity, and how to respond.

Description

As many activities have moved into the virtual world in the digital age, so too have snooping, surveillance, and stalking of divorcing spouses. There are hundreds of apps and technologies that can aid a spouse who is inclined to electronically stalk, snoop, or spy.

Emails, texts, social media accounts, and the like that a spouse accesses through shared digital connections, accounts, passwords, and apps generally are fair game. Information gained by cyberstalking and accessing information by guessing passwords, hacking, and using spyware generally is not.

Divorce practitioners need to know the signs indicating that a client may be the target of electronic surveillance by a spouse and how to shut down the activity, protect the client, and where necessary, unmask the spouse and obtain and preserve evidence of the activity.

As electronic surveillance activities are facilitated by ever more sophisticated technologies, counsel also need to know when a case presents the need for digital forensics expertise to unmask an anonymous stalker and to uncover, analyze, and preserve digital evidence.

Listen as our panel of legal and digital forensics experts discusses some common electronic surveillance and cyberstalking scenarios in divorce cases and how counsel and clients can best respond.

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Outline

  1. Electronic surveillance by a spouse
    1. Accessing digital connections shared between spouses
      1. Examples
      2. Legality and evidentiary issues
    2. Cyberstalking: hacking and spyware
      1. How it occurs; devices, applications, and technologies used
      2. Legality and evidentiary issues
  2. Best practices for clients who are the target of electronic surveillance
    1. Severing shared digital connections
    2. When to engage a digital forensics expert
  3. Working with a digital forensics firm
    1. What to expect
    2. Case studies/real world examples
    3. Preserving evidence

Benefits

The panel will review these and other key issues:

  • Common techniques and examples of digital surveillance between divorcing spouses
  • Measures a spouse who is the target of anonymous stalking and snooping can take to protect privacy
  • When evidence gathered by digital surveillance is admissible--and when it is not
  • When to seek help from a digital forensics expert and real life examples of digital forensics in divorce cases

Faculty

Gornbein, Henry
Henry S. Gornbein

Of Counsel
Lipson Neilson

Mr. Gornbein specializes in all areas of family law. He is a frequent writer for many bar related...  |  Read More

Lieb, Laurence
Laurence D. Lieb, CCPA, CASA, COSFE, CBE, FEXE

Founder & Managing Partner
Tyger Forensics

Mr. Lieb is a nationally known subject matter expert in the field of computer forensics and electronic discovery. ...  |  Read More

Mellin, Irika
Irika N. Mellin

Senior Partner
Mellin Robinson

Ms. Mellin is exclusively dedicated to her Michigan clients in the areas of divorce and family law. She is focused on...  |  Read More

Robinson, Kristen
Kristen L. Robinson

Senior Partner
Mellin Robinson

Ms. Robinson received her bachelor's degree from Hope College located in Holland, Michigan. She attended Detroit...  |  Read More

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