Electronic Data Mining: Make Sure You Do It Right

Katherine McKee — Sun, 24 Feb 2008 15:00:00 -0500

If you're involved in a contested divorce, or are about to be, you need to be aware of using electronic devices to uncover illicit affairs or hidden assets.

It goes without saying that there is a treasure trove of information in your spouse's computer, Blackberry, cell phone and other electronic gadgets. It may seem like snooping, but during the discovery phase of a divorce, you can legitimately request copies of your spouse's e-mails. They may reveal adulterous relationships or hidden property. And that information can go a long way toward aiding your cause in contested issues such as custody, income and expenses.

GPS devices may reveal the whereabouts of a cheating spouse on days when you have doubts about unreasonable explanations. Another tool, now available with a court order, are E-ZPass toll records, which can similarly be used to establish rendezvous with a lover.

But this data mining isn't without its share of pitfalls. Electronic sleuthing can be illegal if you improperly access private electronic sources. If you break into a device, or if you lack permission to access it, the court may prohibit you from using the information in your case. Self-help steps must be employed legally. If you are an authorized user of your spouse's computer or cell phone, the information would be legally discovered.

You can open up a mine field of damaging evidence so long as no crime is committed in securing the facts. Internet browser histories, cell phone records and e-mails are increasingly being introduced into disputed divorce actions. Don't illegally take a Blackberry or laptop to a forensic expert to retrieve deleted information. Don't steal passwords. Attorneys and courts won't be party to illegal acts or invasions of privacy. But aside from those warnings, happy data mining.

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Electronic Data Mining: Make Sure You Do It Right