Illicit Surveillance of Electronic Systems in Family Law Cases
Regina Hurley co-authored an article published in the Winter 2017 issue of the Boston Bar Association's Family Law Newsletter entitled "Illicit Surveillance of Electronic Systems in Family Law Cases" with Mark Spencer, President of Arsenal Consulting and of Arsenal Recon. The article is a case study of a high net-worth divorce matter in which Regina represented a client who suspected her spouse of accessing her email without consent, and potentially having access to her private communications with attorneys. By collaborating with digital forensics experts at Arsenal Consulting, it was determined that the spouse had indeed been accessing the client's private email account, and that spyware had been installed on the client's computer allowing the spouse to view nearly every action made, and access every document stored on the computer. Reporting the spouse's surveillance to the court ultimately led to a favorable resolution for Regina's client. The case study illustrates, however, that digital surveillance in family law matters is a problem of which attorneys need to be aware and prepared to address. Suggestions for securing oneself against digital surveillance are included in the article as well.