So I Married a Spyware Installer
When Shawn Macleod of Austin, Texas, suspected his estranged wife was engaging in some kind of suspicious behavior, he installed a spyware program on her computer to monitor her e-mails and Web behavior.
He now faces four years in jail.
The turn of events began in August 2005 when Macleod’s estranged wife Kristy reported to police that she suspected Macleod was monitoring her computer use. Detectives caught Macleod when he fell for a sting operation…
There have been other cases similar to Macleod’s this year, but they have resulted in less severe penalties. In Rochester, N.Y., a Sheriff’s deputy was given five years probation for sneaking spyware onto a neighbor’s computer whom he suspected was a threat to young girls in the neighborhood. Also, there is a second spyware case under way in Austin, which is pending.
What exactly was the “sting operation?” And would this case work in a community proterty state where the husband would own half of the computer? Would this invasion of privacy include using a private investigator to spy on his wife? Doesn’t that go on all the time? This whole story and outcome is weird.
found by Joe Radman
So a husband spys on email and internet use and that’s considered and invasion of privacy.
A Government spys on email and internet use and that’s considered OK.
It’s a sick, sad world.
BUT, if it were the wife spying the husband then she gets a medal for asserting her independence.
I think the key word is “estranged”. Were they living together?
Yay.
MY problem is PROVING who was useing the computer AT THE TIME.
Unless you took a picture of the person ONLINE/LIVE you cant prove much.
But half of the jail time will be served by her, community property state!
If you can’t spy on your wife then who can you spy on?
I support the death penalty for data thieves and hackers.
In principle, I’m against jail for first time, non violence offenses.
However, I think spyware SHOULD be a criminal offense. Whether it is this guy, your boss at work, or the Bush administration — spying on people without a warrant is — and should remain — an act of crime under the law.
I think we need a law which requires spying software to reveal itself.
Shouldn’t there be some law that evesdropping equipment (or software) reveal itself? Wasn’t it that way in the good old days when our government cared for citizens more than corporations? Back then,
if a recorder was hooked to a phone, by law it had to do a beep every so often. (I’m right on that, aren’t I?)
Maybe a boss DOES have a legal right to monitor computer usage in the workplace, but I don’t believe he has that right to do so secretly.
Don’t laugh. I have the same situation with installing spyware on a family computer. I was even living in the house at the time! I suspected an affair (and I was right), moved out, went to counseling, but the affair went on. I finally gave her the password when I decided to divorce. The information was never distributed to anyone.
My wife convinced the magistrate to charge me with Computer Invasion of Privacy (Virginia Code 18.2-152.5). I have a trial on December 20. I could be looking at 1 year in jail and a $2500 fine. I hired a lawyer that cost me another $1500.
Talking about getting a kick below the belt.