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Florida Court Determines Unlawful Use of Spyware

Florida’s Fifth District Court of Appeal decision, O’Brien v. O’Brien, filed February 11, 2005, addressed the issue of a wife’s use of spyware to intercept her husband’s communications with another woman. The court affirmed the trial court’s finding that the electronic communications were illegally obtained.

  • Related reference: 2004 Florida Statutes, Chapter 934, Security of Communications, Sec. 934.06, Prohibition of use as evidence of intercepted wire or oral communications
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