Spying FAQs

Quickly find the answers you’re looking for as it pertains to Spousal Spying in North Carolina.

Top Question
Can I Read My Spouse’s Email?

NC spousal spying

How to Protect Your Electronic Privacy

The Internet is inherently susceptible to surveillance by private individuals who are willing to put forth the expense and effort to do so. However, it is possible to place hurdles in the way of individuals without the technical knowledge to hack into your computer. Such steps include installation of firewall software, password protection, and encryption software. Firewalls help prevent unwanted access and unsolicited scans coming...

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I Spied on My Spouse, Now What?

I Spied on My Spouse, Now What?

This is where the distinction between “interception” and “accessing a stored electronic communication” becomes critical. If you placed a wiretap on a telephone, or hired a computer professional to break into your spouse’s computer to monitor his chat room discussions, this is obviously an “interception.” Some courts have defined interception to mean acquiring communications as they are transmitted. If you have intercepted a message, you...

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Can I Record the Conversations My Spouse Has with My Child?

Can I Record the Conversations My Spouse Has with My Child?

The 6th Circuit Court of Appeals (which is not the Circuit Court of Appeals governing North Carolina) has found that a parent may consent for a child’s conversation to be recorded. The Court required that the parent consenting for the child present a good faith, objectively reasonable basis for believing such action was necessary for the welfare of the child. However, there is no similar...

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Electronic Privacy Laws: What’s Allowed and What Isn’t

Electronic Privacy Laws: What’s Allowed and What Isn’t

The law of privacy in electronic communications is notorious for its lack of clarity. This is evidenced by the lack of a uniform interpretation of this law by the various federal courts. However, there are some general guidelines to keep in mind when faced with the question of whether you are committing a violation of the ECPA. The first and most basic principle underlying this...

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ECPA Penalties: What You Need to Know

ECPA Penalties: What You Need to Know

There are both civil and criminal penalties for a violation of the ECPA. It can be very financially damaging if you are found in violation of this law. For example, a court can award damages to the victim of such eavesdropping. The damages are calculated in a way that each day of continuation of the violation gives rise to a higher amount of damages. In...

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Can I Read My Spouse’s Email?

Can I Read My Spouse’s Email?

This question depends on several factors. First, how did you obtain the information? If it was unintentional, you may use it any way you please. The ECPA only prohibits the intentional interception or unauthorized access to electronic communications. Therefore, if a message is sent to you in error, you may use the contents in any manner that you see fit. However, a password is required...

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Can I Still Check My Spouse’s Email After We Have Separated?

Can I Still Check My Spouse’s Email After We Have Separated?

The question here is whether your spouse gave up his or expectation of privacy in this email account when he or she gave you the password. The ECPA envisions this type of privacy intrusion by prohibiting not only the unauthorized access to stored communications, but by also prohibiting the access of stored communications by one exceeding her authority. In practice, this means that if the...

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Can I Record My Spouse’s Telephone Calls?

Can I Record My Spouse’s Telephone Calls?

Under the North Carolina statute, it is permissible to record a phone conversation if one of the parties to the communication is aware of and has consented to its being recorded. This means that you can record your own telephone calls. On the other hand, it is illegal to record telephone calls between your spouse and a third party, if neither party knows that the...

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If My Spouse Gave Me Access to His Email Account Am I Spying?

If My Spouse Gave Me Access to His Email Account Am I Spying?

Consent is another principle to consider when deciding whether the ECPA applies. The ECPA only prohibits “unauthorized” use, disclosure, or interception. If your spouse has routinely given you his email account passwords and allowed you to use them, he has authorized you to find what you will. The courts will decide this issue of consent on a case-by-case basis, and it is not necessary for...

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What Types of Communication Does the Spousal Spying Law Cover?

What Types of Communication Does the Spousal Spying Law Cover?

The law applies to traditional telephone wiretaps, cordless telephone interceptions, electronic messages, voicemail systems, pagers, chat logs, web-streaming video, voice over IP, and recording or videotaping private face-to-face conversations. This list is not exhaustive but provides a hint of the wide-ranging application of this law to many types of communication.




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