Expectation of privacy on computer from spouse

[ShawnBoy]

Is there any legal "expectation of privacy" in Canada for someone using a computer in their home? ie.. it is technically "illegal" for a spouse to poke through your computer for "evidence" of things you may be doing?

I see lots of spyware software out there used to catch cheating spouses, and often wonder whether using them could be considered an invasion of privacy, or eavesdropping.

 

[Papi Chulo]

If you want privacy.. leave your spouse!

 

[The Daulfin]

Assuming the computer in question is owned by both of you (as most things are in a marriage), I don't think you have any privacy rights from a spouse to anything that you are not using enough effort to hide (as in files anyone can look at). The spyware is unethical but probably entirely legal, so do yourself a favour and put sensitive information on a private device (like a portable hard drive or flash drive) or get a powerful encryption program.

 

[MarkII]

I always had an alternate browser loaded on a usb drive that I connected.

That way nothing would ever show. If you suspect you are being watched install a key stroke recorder. That will show you all activity on your system when you are way. I also kept my history file on IE to zero just in case and the same on Firefox.

Strong suggested a flash drive for the browser..that would work as well but you really have to be vigilant about updates and downloads. They do show up on the computer. In other words why is firefox update 3.xx on the computer if it's not installed? The updates etc can show up as desktop icons.

Since I've switched to Mac I like the Safari function for private browsing...nothing is recorded. Yes I know it's there somewhere..but you'd have to be a real Mac Head to find it and my SO isn't!

Just be careful...

And..don't drink at the keyboard...at some point you might just drift off and more than one terb user has been busted with an open chat room or terb window.

good luck

 

[ShawnBoy]

I know of the ways to hide tracks.. I'm more curious about the actual implications of a spouse using spyware.

 

[RTRD]

I am confused...

Flash drive - best invention for hobbyists after TERB and the condom.

...why would there be anything you'd need to save on a flash drive?

Isn't the concern more about website history and things like that?

 

[Galahad]

...why would there be anything you'd need to save on a flash drive?

Isn't the concern more about website history and things like that?

The flash drive is not used for saving any files.

Strongbeau and MarkII alluded to it. You can now run a browser from a flash drive instead of using the regular browser from the computer. So this would eliminate your surfing tracks.

Never tried it. Don't know if it does eliminate ALL tracks of the sites you visited.

 

[The Daulfin]

I know of the ways to hide tracks.. I'm more curious about the actual implications of a spouse using spyware.

If you are that worried, keep running Adaware, Spybot, and every other spyware killer you can name on the computer every time you get on the computer (I'm pretty sure you can set most of them to run checks upon boot-up). That's likely to find the little problem and if the spouse questions why you do it so frequently, you just say you are trying to keep credit card info safe while at the same time you kow she has been trying to keep a program on there and you've been screwing it up.

Barring that, I would imagine a peek at "add/remove programs" from the Control Panel should reveal if there's a rogue program in there if it isn't removable by the above means?

 

[papasmerf]

since the computer would likely be considered a joint asset in court you have no expectation of privacy.

 

[MuffinMuncher]

Alot of good information, but not many on-point replies. I wouldnt come here looking for legal advice. Do a google search, contact your family attorney, post a request on a legal topics discussion forum, etc.

I suspect that you have no expectation of privacy on a family owned computer. You may want to focus your efforts on resolving whatever problems you have associated with whatever your spouse found on your computer.

 

[rosemount36]

Download IE Privacy Keeper.....it's a free download and you can set it to clean your tracks after you log off Explorer....

 

[mandrill]

since the computer would likely be considered a joint asset in court you have no expectation of privacy.

It's not a joint asset, because there is no such thing as a joint asset - unless you both contributed to the purchase of the item in question or there was an understanding she was to share in its ownership. The whole notion of family law property is that both spouses own their own stuff and the richer spouse "equalizes" the poorer spouse with a cash payment when the marriage ends.

Normally there would be no implication of private use with household items. So there could be no expectation of privacy in the computer unless you expressly made one. If you make it clear to your spouse that she is never to touch your computer or ever use it under any goddam circumstances, then maybe you have an expectation of privacy. And no marriage left either, right?

So if she still messes with it under theose circumstances, you've got a privacy lawsuit. But what are your damages? I mean, how much has she legally damaged you by trespassing on your computer? Nada, right? The damage comes from her discovering your own bad behaviour, not from the use of the forbidden computer. And you have no absolute legal right to cohabit with her if she doesn't want to live with you anyway.

So you can sue her for "invasion of privacy" and you'll get.... Nothing! Just the happy feeling of having the judge and all the court staff snicker at you at your court appearance and the likelihood that someone at the court office will tell the Toronto Sun and so you'll end up with your photo on page 28 while some snide-ass reporter writes about what an idiot you are.

And then you get to pay your lawyer's bill.

 

[Keebler Elf]

And let's not forget for a second that women are exceedingly good at being snoopy.

 

[tboy]

Good post oagre but my first question would be:

What do you have to hide anyways?

If you're that concerned about your wife finding out you cruise porn sites then might I suggest ending the marriage or at least growing some balls and telling her to MHOB.

If you're doing something illegal then, ahem, maybe you shouldn't be doing it?

Lastly, if you're chatting and having cybersex with other online women (guys with fake id), then you might want to reconsider your actions.

I hear all the time guys saying "I hope my wife doesn't find out" or "If she knew about me doing this she'd kill me" and my first thought is "if you're that worried, why do it"? and second thought is "grow some balls, does she OWN you or something"????

 

[Don]

What do you have to hide anyways?

Like... umm... links to this board and pictures of SP's and such?

Lets be real, many people who hobby are married. Many of them also prefer that their spouse not find out. It's not illegal but it is not simply having a naked picture of Jenna Jameson.

I hear all the time guys saying "I hope my wife doesn't find out" or "If she knew about me doing this she'd kill me" and my first thought is "if you're that worried, why do it"? and second thought is "grow some balls, does she OWN you or something"????

Are you or have you ever been married? Yeah your wife may not own you but she can take you to the cleaners. There is fear... and I'd a decent part of that fear is the threat of a woman scorned starting a costly divorce.

As for not doing it... you've got a wife that is no longer as interested in having sex (and you aren't as interested in having sex with her too).... and you see some beautiful ladies out there, who for a fee will give you some private fun with no strings attached... 'nuff said

 

[tboy]

I can see your point don, but if your wife isn't interested in you sexually anymore, and this has been discussed here many times, why hide it? Just say to her: either put out or I'm going elsewhere...

Anyhow, that's a whole other topic but for the most part, a simple folder or setting up xp to be password protected should be enough to secure your privacy from a snooping wife. If she brings in professional help however there is nothing YOU can do to stop a pro.

Another sure fire way is to remove the hard drive and put it in an external case. Then whenever you are not using the computer, the hard drive is with you. If you don't want to carry it around you could pick up one of those home safes too

 

[The Daulfin]

Another sure fire way is to remove the hard drive and put it in an external case. Then whenever you are not using the computer, the hard drive is with you. If you don't want to carry it around you could pick up one of those home safes too

Now that is a great idea I wish I had thought of!