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Originally Posted by JBD
http://news.cnet.com/Court-Wife-broke-law-with-spyware/2100-1030_3-5577979.html

http://www.telegraph.co.uk/technolo...s-in-jail-after-hacking-wifes-email.html

Food for thought. Im not sure how to articulate this, so someone with more expirience, please help me out.

One thing to remember is that sometimes low life individuals such as Jessica Cooper, the county prosecutor, seek fame and will do anything they can with the power of government to achieve it. In her career as a judge she presided over high profile cases such as Jack Kevorkian.
We can be thankful that America has a jury system which sometimes frees people from government abuse. Just think of all those poor black people that have been released from life imprisonment in recent years thanks to a college group that is conducting DNA testing. In almost all of those cases, the original prosecutors never apologize. Its very disheartening, especially when one of them attempts to imprison a husband for reading his wife's emails.
Hopefully the people in her county will vote her out of office some day. Of course, she would probably sue and claim its illegal to do so...

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From the bio she has, she's just gone from husband to husband - dragging her child with her. Her second marriage definitely sounds like a violent affairage. That's why it's been brought to court - because the right to hide and lie just seems like a legal right to her by now.

It's just another case of:
Wayward - "This seems so outrageous to me that surely it must be illegal! All my other husbands were cheated on without the need to spy on me! I will find an attention hungry lawyer to tell me it isn't legal!
Lawyer - 'Legal? Well, um never mind about that - we will get a reporter on the scene to cover it either way. That will make everyone consider whether it IS legal or not.'
Everyone - 'Is it legal to spy on your spouse? Oh it is? What's all the fuss for then?'

Why oh why is his decision to look at her email being dragged through the courts - but not her decision to bring a child back around a violent man?






What would you do if you were not afraid?

"Fear is the little death. Fear is the mind-killer" Frank Herbert.

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You answered my concerns. I was suggesting that depending on where you live that you should always check out the local (and now seemingly federal) laws regarding this type of thing prior to making any decisions. True, that it does take a lot of forethought and I don't really know how a lawyer would charge for merely answering questions regarding this, but the charges and the cases sounded severe enough, and I was very surprised to even hear of them, much the less, to find out the resolution of them as you did, so thank you. I am more......cautious by nature I suppose, and in case there were others like me out there (and if they are, they probably wouldn't be the first to speak up and ask, lol), if they had concerns about the practical fallout to follow. After all, you never know what a vengeful person will do, or how the ever changing laws will perceive this. Thats all. I was hoping you would have the inside story, and you did. And for that I thank you.

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Originally Posted by JBD
You answered my concerns. I was suggesting that depending on where you live that you should always check out the local (and now seemingly federal) laws regarding this type of thing prior to making any decisions. True, that it does take a lot of forethought and I don't really know how a lawyer would charge for merely answering questions regarding this, but the charges and the cases sounded severe enough, and I was very surprised to even hear of them, much the less, to find out the resolution of them as you did, so thank you. I am more......cautious by nature I suppose, and in case there were others like me out there (and if they are, they probably wouldn't be the first to speak up and ask, lol), if they had concerns about the practical fallout to follow. After all, you never know what a vengeful person will do, or how the ever changing laws will perceive this. Thats all. I was hoping you would have the inside story, and you did. And for that I thank you.

You can't live in fear of consequences.
A good example is the mayor of Houston recently said she would issue an order requiring church pastors to submit their sermons to her office for review.
Should every church pastor in the country be afraid of preaching and forsake their jobs over what one little person in a city does?

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No, of course not Mr. Jedi. I wasn't trying to suggest that one should have no spine. I was merely pointing out that these are things that, fr me at least, were totally out of mind. I NEVER would have given any thought to the legalities of local governments at the time. I also would have never thought that ANY law enforcement might have reason to get involved in any way. I SHOULD have said, that whatever snooping plan you decide is right for you, that it, much like exposure, isnt done on an emotional reaction. With proper planning (and looking into some basic laws), that it could be done legally AND effectively. While a trip to a lawyer is a pain in the rear, and not what you are focusing on at the time, the $500.00 it may cost you is a drop in the bucket compared to the alternative.

The thing about the pastors is true, btw? REALLY? I thought we had a seperation of church and state. They can't have gotten away with that, could they?

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JBD, please check your email.

Thanks.


mizar.mb1@gmail.com
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Originally Posted by JBD
I SHOULD have said, that whatever snooping plan you decide is right for you, that it, much like exposure, isnt done on an emotional reaction. With proper planning (and looking into some basic laws), that it could be done legally AND effectively. While a trip to a lawyer is a pain in the rear, and not what you are focusing on at the time, the $500.00 it may cost you is a drop in the bucket compared to the alternative.
The thing is, on the page that lists all the forums, it says this:

"Please be sure and check with your state's local laws before using any of these devices."

Those things might have been totally out of your mind, but they were not out of the minds of everybody who posts regularly here.


BW
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His PA 2003-2006
2 kids.
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Originally Posted by JBD
I SHOULD have said, that whatever snooping plan you decide is right for you, that it, much like exposure, isnt done on an emotional reaction. With proper planning (and looking into some basic laws), that it could be done legally AND effectively. While a trip to a lawyer is a pain in the rear, and not what you are focusing on at the time, the $500.00 it may cost you is a drop in the bucket compared to the alternative.
Affair-fighting is war. It is not for the timid. To suggest that one should be cowed by the possible intrusion on local privacy laws ignores the fact that such a misdemeanor pales in comparison to the egregious offense to the affair itself. If one is serious about winning one's spouse back, then it is entirely likely that one will need to ignore the signs on the lawn and step on the grass anyway.


me-65
wife-61
married for 40 years
DS - 38, autistic, lives at home
DD - 37, married and on her own
DS - 32, still living with us
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Originally Posted by JBD
The thing about the pastors is true, btw? REALLY? I thought we had a seperation of church and state. They can't have gotten away with that, could they?

No, the mayor did not get away with it.
After the pastors spent money on attorney and court fees to stop her, she dropped the order.
The pastors refused to comply and told the mayor to arrest them and send them to jail.

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The two best defenses I can think of:

1. It's a set up. I never spied on anyone. She/he must have put the spyware on the computer themselves and had the program send me emails so they could then claim I was illegally spying on them (makes proving the claim very technically difficult especially if the email account that the packets of info were sent to is web based and accessed from the home where both of you still reside).

2. Don't say anything. It's a very difficult case to prove unless they can demonstrate that you actually put the spyware on the device, activated it and monitored it. The best way to prove all the elements is to get you to confess to it otherwise it involves an extensive computer forensics undertaking which no prosecutor (except maybe Jessica Cooper) has the time or resources to undertake and pay for especially in what's essentially a domestic dispute. You don't have to talk to the police about it. If you are asked about it under oath in a deposition, you can always plead the 5th Amendment (but it's better to duck the questions without lying).

Did you put a keylogger on her computer? NO (we were married and it's joint marital property so I consider it OUR computer if she has some other computer that is HER computer, I certainly don't know about it. I didn't really "put" it there either, I "downloaded it"....cnet, I guess, "put" it there).

Please provide copies of any and all emails defendant intercepted? None. (I really didn't "intercept" them...I read them AFTER she had read them and they were sitting in her junk folder...I may have printed copies but they are not in my possession [i gave them to my brother to hold] so I don't have any copies to offer and the emails I read are all in her email database)

Did you snoop on her email? No (again, I consider and considered it "OUR" email account and you keep calling it "HER" email account. We used it jointly for years together on Amazon and other websites. I bet if we opened the email right now and looked in her junk folder their would be email addressed to both of us as husband and wife, I had consent to use OUR email account and well known shared password whenever I wanted....BUT, I don't have to tell you all this because I'm not volunteering anything).

depends what the definition of "is" is?





FBH(me)-51 FWW-49 (MrsWondering)
DD19 DS 22 Dday-2005-Recovered

"agree to disagree" = Used when one wants to reject the objective reality of the situation and hopefully replace it with their own.
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Originally Posted by Jedi_Knight
Originally Posted by JBD
The thing about the pastors is true, btw? REALLY? I thought we had a seperation of church and state. They can't have gotten away with that, could they?

No, the mayor did not get away with it.
After the pastors spent money on attorney and court fees to stop her, she dropped the order.
The pastors refused to comply and told the mayor to arrest them and send them to jail.


Wow, how brave.



What would you do if you were not afraid?

"Fear is the little death. Fear is the mind-killer" Frank Herbert.

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Originally Posted by JBD
http://news.cnet.com/Court-Wife-broke-law-with-spyware/2100-1030_3-5577979.html

http://www.telegraph.co.uk/technolo...s-in-jail-after-hacking-wifes-email.html

Food for thought. Im not sure how to articulate this, so someone with more expirience, please help me out.

We have established that the poster who made this post was another alias of an OM who was previously banned under multiple aliases. He has now been banned under this alias. The BH involved in this situation was a forum poster. JBD's posts should be taken within that context.


MBDenali@gmail.com
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