Digital Evidence Articles

Divorces Fueling Spy Technology Sales - Technology Forensics


Evidence Solutions, Inc. has first-hand experience which indicates spying on one’s spouse is on the rise. It is not unusual for us to receive a request to download the data from a spouse’s cell phone. We also receive many requests to review a spouse's computer system that may contain evidence of hidden assets.

Divorce Computer Forensics Expert Witness

Spy Technology

In addition to these types of inquiries, research shows sales of spy technology is rising rapidly. Sites like SpygearGadgets.com, SpyTecInc.com, and SpyEmporium.com have hundreds of spy and monitoring devices, including:

  • Hidden Cameras, including wearable and “nannycams”
  • Covert Audio Recorders that fit in a pocket
  • GPS Trackers
  • Cell phone bugging and data extraction technology

While it may seem innocuous to use "Spy" technology against your spouse, it may have serious consequences. Installing software on someone else's phone which may monitor or gain you access to their personal information, without their permission, in most states, is illegal. The installation of spy software on a spouse’s phone also varies by jurisdiction. If the software is illegally installed, the installer may have their evidence thrown out of court or even face charges.

Anti-Spy Technology

Some of these companies also offer “Counter Surveillance” technology including:

  • Bug Detectors
  • Phone Tap Detectors
  • Audio Jammers
  • Voice Changers

Think Twice Before Spying on Your Spouse

Robert L. Schwartz, Member of Dickinson Wright, Phoenix Az office. Fellow American Academy Of Matrimonial Lawyers & Certified Specialist, Family Law, State Bar of Arizona says: "The recent proliferation of the use of computers, iPhones, iPads and the like has created an ever-increasing problem in marital relationship’s.  Spouses have resorted to monitoring their other spouse's behavior by installing tracking programs and various types of spyware.  Marriages have come to an abrupt end when a spouse suddenly discovers an online romantic relationship; a continuing connection with a former girl/boyfriend; a serious addiction to pornography; and other hidden behaviors.  Even where the spouse may stay together there is now the always present lack of trust.  We have entered a new era of stressors on marriage."

Interestingly, on one of the sites that sell some Spy Equipment, one product’s description indicates that “… all you have to do is obtain permission from the phone’s owner/user, install a small application on the phone ...” and then you can monitor their whereabouts, track them by GPS, read their email, and read their text messages. The description stops short of warning the purchaser to check local laws or consult an attorney prior to purchase or use.

While spy technology may provide great evidence, many judges refuse to admit the evidence if gleaned by illegal means. Before purchasing or implementing any spy equipment, Evidence Solutions, Inc. recommends a conversation with an attorney concerning the legality of the use of spy technology in your state or jurisdiction.

Unfortunately, however, these devices are frequently installed and used before any such conversations take place.


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