Is My Ex-Spouse Bugging my Computer or Smart Phone?

November 22, 2011 · Infidelity, Recent Cases

McCann E-Investigations works with clients in cases involving ex or soon to be ex-spouses and the bugging of computers and smart phones.   McCann uses computer forensics techniques to determine if spyware has been installed.

McCann E-Investigators regularly receive calls from clients who are concerned that their ex-spouse or soon to be ex-spouse has compromised their laptop, desktop or smart phone.  Suspicion is often raised when the ex-spouse has knowledge of  information that was meant to be private, such as attorney/client communications.

Spyware, key loggers and other software designed to eavesdrop and spy electronically are easy    to purchase and install.    The software is inexpensive and can be bought over the internet and installed in a matter of minutes.   In most situations, the physical computer must be present for the installation, however, remote installation is also possible. The ability to spy live on an ex-spouse or soon to be ex-spouse is easy, cheap and produces real and useful information for the ex-spouse who is willing to take the risk.   It is also illegal.   It is classified as illegal wiretapping and unlawful interception of electronic communication and is a second-degree felony that can carry a 20-year sentence.

The issue most of our clients face it that it is difficult to prove and document the installation of spyware.   Forensic tools can show details of the software installation including when it was used and in some cases where the information is being sent.   It is also possible to gather enough information to turn the case over to law enforcement authorities.   Our experience is that law enforcement is more likely to listen to a complaint if it filed with a detailed third party expert report
In cases of suspected electronic digital wiretapping it is important to take the following steps:

1. Contact a forensic investigator on another mobile device other than the suspected unit

2. Do not attempt to find the spyware on your own.  It is likely you will containment the evidence

3. Leave the computer or mobile device as you found it and get it to the forensic examiner as soon as possible

4. In the case of suspected “hacking” of your smart phone, purchase a pre-paid phone for secure communication until your phone can be examined

The forensic examiner will create a forensic image of the laptop, desktop or mobile phone and perform a detailed examination of the device for spyware. Once the forensic examination has been complete the spyware can be removed and commercial grade software to defend against future spyware will be installed.  The device may require the installation of a more complete firewall and active spyware monitoring in the case of an educated and resourceful ex-spouse.

If spyware is discovered, the E-investigator should work closely with you and your attorney to determine next steps.   Sometimes it is best to leave the spyware and use it to send false or misleading information.   In some cases it might be best to send a message that would cause the ex-spouse to show themselves and help to prove that they are benefiting from spying on you.