Wiretapping, GPS Tracking and Divorce in Texas

Originally published by Evan Hochschild.

Wiretapping, GPS Tracking and Divorce in Texas

It used to be that if you wanted to get your hands on walkie talkies, surveillance
equipment or even a tracking device of some sort you would you have to
go to the mall and walk into a Radio Shack or similar store and pay a
hefty price. In today’s world you need only to log on to the internet
and utilize any number of online retailers or other websites that allow
you to buy just about anything your heart desires. If you want to keep
tabs on your spouse that is now relatively easy. The question remains-
should you do it?

With the ready availability of GPS tracking devices and computer related
spyware it almost seems too easy to know exactly what it is your spouse
is up to. If you believe your spouse to be engaging in behavior that is
harmful either to your marriage or to your children then the temptation
may be there to engage in some amateur spying. Unsurprisingly, there are
laws that govern the surveillance of a private individual in regard to
a family law case. The attorneys with the
Law Office of Bryan Fagan would like to use this blog post to discuss the relevant laws in this area of
family law cases that is becoming more and more relevant.

Evolution of surveillance law in the United States

The terrorist attacks of September 11, 2001 in addition to changes and
improvements in technology brought about newer versions of laws that were
previously on the books. Most of us are aware of the law known as the
Patriot Act. The federal government had never before known the ability
to track and store the phone calls, electronic messages and other data
of its citizens. The Federal Communications Commission has also put forth
regulations that mandate cell phone carrier to track the calls of its
subscribers. To do so, GPS technology has been implemented into our cell
phones. If you and I have the ability to tell where our family members
are using this technology, it’s a good bet that the government has
been able to do the same for much longer.

These laws are federal statutes that apply to U.S. citizens generally and
not specifically to any state of the union. Federal law prohibits any
person from intercepting any form of communication without a court order
allowing them to do so or without the consent of one of the parties to
the conversation. Emails, video and tape recorded conversations are all
covered by this law. A peculiar loophole exists, however, in that emails
are not allowed to be intercepted in the short amount of time between
when the email is sent and when it is received but the law says nothing
of obtaining an email from a hard-drive. Of course a person may be violating
another law in doing so but would not be in violation of the Wiretap Act,
as it is known.

Consent matters when it comes to recorded conversations

The Wiretap Act excludes situations where consent is provided either directly,
vicariously or through a spouse. Basically, if one party to a conversation
gives consent for the conversation to be recorded there is no violation
of the Wiretap Act. There are some states that require both participants
in the conversation to give consent, however. Texas is not one of those
states but if you are speaking with a person who is not in Texas this
is something relevant to keep in mind. Finally, Texas does not recognize
a spousal consent exception that is provided for in the federal law.

The Stored Communications Act and its applicability to Texas Family Law cases

Hacking of emails has progressively become more prevalent in divorce cases that the
Law Office of Bryan Fagan handles. Whether or not there is statistical analysis to back this assertion
up I don’t know but it certainly seems to be true. If a spouse can
gain an advantage by logging into their partner’s email account
without permission there is certainly the temptation to do so when the
stakes are high enough.

The Stored Communications Act takes into account accessing electronic information
that is stored in a hard drive or in the “Cloud” without the
account holder’s permission. It is a crime under this law to intentionally
access a server that is owned by an internet service provider or by a
phone company. These same companies cannot share any stored communication
data with a person who does not have permission to obtain that data.

The state of Texas has its own laws that govern the issues of wiretapping,
recording conversations and “hacking” of email and other communications
data. One “old school” method of keeping tabs on a person
is placing a tracking device on their vehicle. We’ve all seen movies
or television shows where this occurs and may even know people in our
own lives who has engaged in this sort of behavior. This is very much
illegal in Texas, so it’s obviously best not to do it in the Lone
Star State. The same can be said of accessing an individual computer or
server without the owner’s permission.

Laws on surveillance may change, but how you choose a lawyer does not

With changes in technology come changes in laws. That much is apparent
from our discussion today. As the government and the private sector develop
new methods to keep tabs on one another, the law will have to evolve or
be left behind in protecting the privacy rights of you and I in all areas
of our lives.

Family law cases are no different. While it is increasingly easy to get a hold of
information that is not intended for our eyes or ears, we should think
twice before acting before consulting with an experienced attorney. The
attorneys with the
Law Office of Bryan Fagan understand the issues that you face in your
divorce or
child custody case are critically important and the need for strong and effective representation
is just as critical. Our office knows the law and how to apply it to your
and your family’s advantage. If you have any questions about surveillance
law in Texas and its potential impact on a family law case please contact
our office.

Curated by Texas Bar Today. Follow us on Twitter @texasbartoday.

from Texas Bar Today http://ift.tt/2vO9nXq
via Abogado Aly Website