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[3ShidlerJLComTech009] Suing Based on Spyware? Admissibility of Evidence Obtained from Spyware in Violation of Federal and State Wiretaps

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dc.contributor.author Shidler Journal of Law, Commerce and Technology
dc.contributor.author Sivalingham, Shan
dc.date.accessioned 2010-06-03T16:40:13Z
dc.date.available 2010-06-03T16:40:13Z
dc.date.issued 2007-02-14
dc.identifier.citation 3 Shidler J. L. Com. & Tech. 9 (Feb.14, 2007) en_US
dc.identifier.issn 1547-0695
dc.identifier.uri http://hdl.handle.net/1773.1/393
dc.description.abstract Abstract: Early in 2005, a Florida intermediate appellate court ruled that a trial court adjudicating a divorce proceeding had properly excluded evidence that the wife obtained by installing a spyware program on the husband’s computer. The court held that the evidence was an intercepted electronic communication that violated a Florida statute modeled after the Federal Wiretap Act. The Florida court ruled that exclusion fell properly within the discretion of the trial court, despite the fact that the relevant Florida statute did not contain an exclusionary rule for intercepted electronic communications. This Article provides a short overview of the federal and state prohibitions on intercepting electronic communications before examining the Florida court’s analysis of how the spyware violated state law. The Article will also examine the scope of the court’s holding and whether information obtained from spyware could ever be admissible in court. en_US
dc.language.iso en_US en_US
dc.publisher Seattle: Shidler Journal of Law, Commerce and Technology, University of Washington School of Law en_US
dc.subject Litigation en_US
dc.title [3ShidlerJLComTech009] Suing Based on Spyware? Admissibility of Evidence Obtained from Spyware in Violation of Federal and State Wiretaps en_US
dc.type Article en_US


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