Expert: Chris Wagoner - 11/1/2008

Question
QUESTION: Can a spouse place a keystroke tracking program onto a computer that is shared in order to see if a spouse is cheating?  The spouse then used the information from the keystroke tracking to access personal email/social networking sites.  Please let me know the answer to this immediately.  Thank you!

ANSWER: Hi Jason,

It is illegal to use the information to access the other persons accounts. It really depends on the state you live in. I need to know the state so I can look at the laws for that state.

As for the keystroke program, that is illegal in some states and not in others.



---------- FOLLOW-UP ----------

QUESTION: I currently reside in the state of Michigan.

Answer
Hi again Jason,

Here is Michigan Law on this subject:

752.794 Prohibited access to computer program, computer, computer system, or computer network.

Sec. 4.

A person shall not intentionally access or cause access to be made to a computer program, computer, computer system, or computer network to devise or execute a scheme or artifice with the intent to defraud or to obtain money, property, or a service by a false or fraudulent pretense, representation, or promise.

752.795 Prohibited conduct.

Sec. 5.

A person shall not intentionally and without authorization or by exceeding valid authorization do any of the following:

(a) Access or cause access to be made to a computer program, computer, computer system, or computer network to acquire, alter, damage, delete, or destroy property or otherwise use the service of a computer program, computer, computer system, or computer network.

(b) Insert or attach or knowingly create the opportunity for an unknowing and unwanted insertion or attachment of a set of instructions or a computer program into a computer program, computer, computer system, or computer network, that is intended to acquire, alter, damage, delete, disrupt, or destroy property or otherwise use the services of a computer program, computer, computer system, or computer network. This subdivision does not prohibit conduct protected under section 5 of article I of the state constitution of 1963 or under the first amendment of the constitution of the United States.

(2) A person who violates section 5 is guilty of a crime as follows:

(a) Except as provided in subdivision (b), the person is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not more than $10,000.00, or both.

(b) If the person has a prior conviction, the person is guilty of a felony punishable by imprisonment for not more than 10 years or a fine of not more than $50,000.00, or both.



Hope this helps. Feel free to ask any questions on this you may have.