# Possible to have a privacy waiver on all forms of communication - electronic, calls



## 8yearscheating (Oct 14, 2010)

With the recent prosecution attempt in Detroit of a spouse who read e-mails of his cheating wife, is it possible to have both marital parties sign a waiver of privacy rights of all electronic, in writing or phone calls? I think this would be the ultimate form of commitment for a WS who is reconciling! Any lawyers, please chime in.


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## Atholk (Jul 25, 2009)

Frankly it should be in a pre-nup these days.


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## 8yearscheating (Oct 14, 2010)

Better late than never. Electronics weren't a big thing when I was married like they are now.


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## Affaircare (Jan 11, 2010)

I like this idea so much that Tanelorn and I are writing a generic one and putting it on our Affaircare site! This would be a perfect thing for BOTH spouses to sign after the affair when they are reconciling and rebuilding a new marriage with new trust. 

Great idea! Thanks 8years!

NOTE: of course, what will be next? I have to sign a waiver so my husband can look in my purse without fear of prosecution?


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## Pandakiss (Oct 29, 2010)

i never though about the new wave of tec when we got together either...there wasnt cell phoes, internet was binary codes...SNES and SEGA GENISIS where the best in video games.

i dont care if you use my phone or look in it for a text or a pic. i dont care if you go into my e-mail to show me what you sent, but you are not allowed to go into my purse or pockets, and i will not go in your pockets or wallet--with permission---

i think what happened in detroit in a isloated case.....there so desperate for money they will start charging you a breathing fee..
but thats not here or there...

i dont thnk a writed agreement will matter much when emotions come into play...i think it will always come down to he said, she said...they made me..i didnt know what i was doing....

so IDK....


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## 8yearscheating (Oct 14, 2010)

By the way, it's charges only in Detroit though there have been convictions under the Federal Wiretapping Laws in I think Pennsylvania. We really need some Solicitors to chime in.


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## 8yearscheating (Oct 14, 2010)

Come on folks - your opinion?


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## Affaircare (Jan 11, 2010)

Well, 8years, I promised and I deliver: Privacy Act Waiver

Regarding the legality of the case, etc. here is a site that links directly to all the state and federal statutes about electronic 
surveillance: Electronic Surveillance. I do ALWAYS recommend that when people gather data, they start with the simple, non-tech things like keeping a journal of the where the disloyals says they were etc. because when you're lying the story changes. Also do the simple things that are monotonous and take time, like going over bank statements, looking at credit card bills, or looking at phone bills. Those will indicate for example they said they were *here* but the bank shows they were at an ATM *there* on that date. Make sense? In other words, low-tech!

Most of the electronic laws are written with the intention of someone stealing identities or hacking, to prevent wiretapping of the general population, etc. Still, opening someone else's passworded account may be considered "hacking" as the case in Michigan proves. So it is REALLY important to read the laws in your state, and when someone says "Oh just install a keylogger" actually that may be breaking the law of the your state because it could technically be considered hacking.

Most states DO have rules about recording a conversation also: do both parties need to know, just one party--can you record a conversation you are not a party to? So before you copy their chat log, install a key logger, put a secret VAR under the seat of their car, or put a GPS on the phone you may want to check out the laws. Usually it's harder to do a little low-tech work, but more legal...and usually there is a way to protect yourself when you do investigate such as telling your spouse right out at the beginning of a conversation, "I have a voice activated recorder to record this. If you continue speaking to me, I'll take that as consent to record this talk."


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