Legally obtain evidence and protect yourself through Digital Forensics
- Author Kelly Summey
- Published April 5, 2016
- Word count 656
So you want to know what your spouse or partner has been up to? Do they delete text messages and other communication? Sure there are programs out there that can be installed on the device, but you should know that it is illegal according to Title 18 of US Federal Law to take such actions. Therefore, if you're needing this evidence to protect yourself financially or to prove their infidelity in a court of law, this illegal intrusion will make the evidence inadmissible and you could face wire tapping charges.
By now, you've suspected your spouse or partner is cheating or you probably wouldn't be reading this article. They've become more secretive when using their cell phone or computer and something doesn't feel quite right. Perhaps they've placed a passcode on their device whereas before they've left it open for you to look at. Now they carry it into the bathroom with them when they take a shower or they duck around the corner to answer a call. The truth is that these are all possible signs of infidelity. It used to be "lipstick on the collar" was the #1 sign... Today, it's odd and obsessive cell phone behavior. As a committed partner in the relationship, YOU HAVE A RIGHT TO KNOW. I say that with conviction because some folks would have you believe that looking at your partner's cell phone or computer activity is an invasion of their privacy. I would contend that if your spouse has been with someone else, their expectation of privacy has been diminished. Why? Because they have potentially put the health and well-being of you and the family in jeopardy. How? Well, for starters, they could contract an STD and pass it along to you. In addition, when a cheating spouse is seeing someone else, they typically spend jointly earned money on the paramour. This directly effects the financial situation of the home. Also, a relationship of this type puts undue strain on the marriage and adversely effects the children, if you have them. This is why I believe you should know.
But how do you go about getting the evidence you need legally? The answer is Digital Forensics. Digital Forensics is a process whereby a professional that has the equipment and the expertise can acquire logical and physical (deleted) data from electronic devices. It's legal because you are NOT acquiring or intercepting live communication or communication in motion. Spyware or monitoring software does this exactly and can get you in a lot of trouble AND can potentially lose your case for you. You may have the answers by using this software, but it will be no good to you in legal proceedings. I must also warn you that most of the spyware available on the open market are difficult to install. NONE of them can be installed remotely - believe me when I say this. We have tested many of them. A "smart phone" (i.e. iPhone & Android) must be either "jailbroken" or "rooted" to allow these applications to be installed and work properly. This, in and of itself, is not always possible because the OS developers are constantly updating their firmware to prevent such applications from being installed. This is why your iPhone or Android seems to always have a software update. These updates are sent out to devices to patch these security flaws.
Now you're asking yourself: "Well, how do I get my souse's device examined??"
The only way a device can be examined is by a professional with the tools and knowledge to acquire and image of the device's memory. The professional must have physical possession of the device for a period of time to obtain the image. Digital Forensics cannot be done remotely on cell phone. On computers, it can be done remotely, sometimes, although it's not preferred.
If you ever find yourself in this situation, reach out to a professional like myself for advice and direction.
Mr. Summey is a Certified Digital Forensic Examiner and has performed examinations on thousand of devices. Feel free to contact him at:
Private Investigator Greensboro - Victory Investigations
Private Investigator High Point - US Cell Phone DetectiveArticle source: http://articlebiz.com
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