Those involved in a divorce case are sometimes tempted to use spyware or other snooping techniques to spy upon their spouse. Such spying is not favored by the courts in Illinois or Iowa, and can even result in criminal charges.
The crimes of computer tampering and aggravated computer tampering in Illinois are defined by 720 ILCS 5/17-51 and 720 ILCS 5/17-52 as follows:
The crime of Computer Fraud in Illinois is defined by 720 ILCS 5/17-50 as follows:
Iowa Code Section 715 provides various definitions and charges that relate to computer spyware and malware. This law imposes criminal penalties upon certain actions relating to spyware and malware. The relevant sections of the Iowa code are discussed below:
In divorce cases, it is not uncommon for a spouse to try and hide assets from the other spouse and the legal system. It is important to properly handle such attempts to hide assets.
Below is a video interview and question and answer session with Constitutional Expert Jonathan Turley, which aired on C-SPAN. Given the implications of mass surveillance and privacy upon every area of law – especially criminal defense – the video is certainly worth watching. That is especially true given the recent attempts to argue for insecure backdoors in encryption.