This month, we wanted to highlight an increasingly common event: the implication of cybercrime laws in divorce cases. There are three main reasons why cybercrime laws are becoming involved in matrimonial cases: 1) the discovery process can often be rife with questions of rightful ownership and access, 2) the increasing usage of spyware and/or
surveillance software, and 3) the admissibility of evidence obtained through illegal or unethical means. This article, written by Sean Harrington of the Minnesota State Bar Association’s Computer and Technology Law Section, specifically addresses these issues and outlines five cases that deal with them. Because certain cybercrime laws are federal laws, it is worthwhile to understand their treatment in jurisdictions outside of New York.
Specifically of note, KLG Computer Forensics was the computer forensics expert in the second cited case, Moore v. Moore. In that case, we started our examination by looking for evidence that the computer provided to us was in fact a family computer. In that case, we helped establish that fact by finding user profiles for the wife on the computer. The Court ultimately agreed with our assertion and determined that the computer was a family computer and not a work computer as alleged by the husband.