In divorce proceeding, family court’s exclusion of evidence of wife’s e-mails, and the evidence of alleged adultery flowing therefrom, on the basis that their interception violated the Electronic Communications Privacy Act (ECPA), was supported by husband’s admission that he had attached spyware to wife’s computer, despite his testimony that he accessed wife’s e-mails by other means.
http://www.judicial.state.sc.us/opinions/HTMLFiles/COA/5203.pdf
Laura W. Morgan is the owner and operator at Family Law Consulting in Charlottesville, Virginia.Laura is available for consultation, brief writing and research on family law issues throughout the country. She can be reached through her website. www.famlawconsult.com
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