Wife wants help tracking husbands Internet history

[Thorstein]

I have a new customer that called last night wanting me to track her husband's Internet history on his laptop. She says he uses Internet Explorer, but does not know what software he uses to Chat online.

Other than printing out the IE history, checking temp files and using IE PassView to extract the Web site URLs and passwords stored by Internet Explorer; what else should I do for her?

I can only have the computer for about 5 or 6 hours. Thanks in advance guys and gals.

 

[eliforp]

As far as software I think that K9 Web protect would do this but I also recommend that you check your local laws before getting into this, I know that is some states if she is not the one that bought the computer she has no right to install this type of software not to mention if it ends up in a divorce you can be put in a really bad spot.

That's just my thoughts though

I have a new customer that called last night wanting me to track her husband's Internet history on his laptop. She says he uses Internet Explorer, but does not know what software he uses to Chat online.

Other than printing out the IE history, checking temp files and using IE PassView to extract the Web site URLs and passwords stored by Internet Explorer; what else should I do for her?

I can only have the computer for about 5 or 6 hours. Thanks in advance guys and gals.

 

[anglian]

I wouldn't do it, unless you are moving in to the PI business as well.
If the husband found out it could be a lot of bad mouthing your business or a punch on the nose.

 

[Rodrick]

I'd skip on this job myself, regardless of the legalities of it.

Something to the effect of "What I do is help people solve their computer problems, I'm not looking to get into the personal problem business. I hope you understand. Maybe you might consider contacting a Private Investigator?"

 

[COMPUTERKARATE]

Only make a suggestion then stop.

Information obtained illegally is not admissable. Invasion of privacy is another concern seeing it is HIS laptop. Just tell her she can purchase some behind the scenes computer monitoring software. Don't sell it to her and don't install it. If it were to monitor her children's activity, well that is another story.

Good luck

 

[Encrypted Existence]

If she has a computer of her own you could install wireshark and let it collect network traffic data for a day or so. You could then decipher the data and most likely give her the info she wants without even touching his computer. You could also implement DNS logging on the router or subscribe to a DNS provider that will log for you. You could do all of this without even touching his computer. Just some thoughts...I have to say that I agree with the others. I would pass on this one.

 

[Martyn]

Absolutely I wouldn't touch it with a bargepole. Just my personal slant on it. Don't get involved whether it's legal or not.

 

[YeOldeStonecat]

If you want to take this job on..... http://www.spectorsoft.com/

We had a few clients needing this...so we even signed up as resellers. Amazingly detailed software...although twice...they slipped on keeping Microsofts antivirus from whitelisting it and MSE caught some of its files a couple of times on me. That was a few years ago, haven't had problems since. It was when MSE was just coming out so guess they weren't aware of contacting the MSE team for a while.

 

[seedubya]

run away, run away ............

 

[Tekko]

check your local laws before getting into this, I know that is some states...

Federal law, not local. Almost all legislation in regards to intercepting communications will be handled at a broader level for most nationalities represented on the board.

if she is not the one that bought the computer she has no right to install this type of software

This is irrelevant, you cannot violate federal wiretapping laws simply because you own the communication device.

If she has a computer of her own you could install wireshark and let it collect network traffic data for a day or so. You could then decipher the data and most likely give her the info she wants without even touching his computer. You could also implement DNS logging on the router or subscribe to a DNS provider that will log for you. You could do all of this without even touching his computer. Just some thoughts...I have to say that I agree with the others. I would pass on this one.

Still illegal, even if she owns the network. Unless she had a capture page with a properly worded privacy disclaimer.

run away, run away ............

Yep.

 

[NETWizz]

Don't even think about doing this job. Seriously there could be legal ramifications. It does NOT matter who owns the computer either unless he has no right to use it. Since it is obviously his right to use it and he hasn't waived his rights to a Company (i.e. Company Computer & Contract granting Searches), he therefore has EVERY "reasonable" expectation of privacy.

There are 50 States in the United States, which is an idiotic thing to say, but they are ALL (with exceptions below) one-party states.

In a one-party state, you do NOT need consent to record a conversation provided you ARE one of the parties! I.e. If you are in a phone call with the husband, you would have a RIGHT to record the call provided you are a party to the conversation. You could grant your own consent. Specifically, either one party can provide the consent. i.e. If you are legally privy to the conversation, email, chat, etc... you can record it.

These are ALL Party States:
California
Connecticut
Florida
Illinois
Maryland
Massachusetts
Michigan
Montana
Nevada
New Hampshire
Pennsylvania
Washington


In an All-Party State you would need the consent of not only the husband the the person (or ALL people) whom he is chatting with.


The law looks at it this way... The wife is NOT a party to his conversation, chat, email or anything, so she (and you if you take this job) would need either her husband's consent OR the person(s) whom he chats with consent (in a one-party State). In an All-Party State his Wife (and you) would need BOTH permission from the people he is talking too and the Husband!

Federal law also applies and it states the minimum for ANY form of communication (wiretapping or not) is one-party; states have the right to impose stricter laws. See (18 U.S.C. §2511(2)(d).



Please, please, please... Opt out of this one job. It doesn't matter if the husband is a sleeze ball. He can sue sue sue and still win win win in court... and you can loose loose loose.

 

[Tekko]

Don't even think about doing this job. Seriously there could be legal ramifications. It does NOT matter who owns the computer either unless he has no right to use it, and therefore he has a "reasonable" expectation of privacy.

Suprisingly, not even then based on recent legal precedents. See Clements-Jeffrey vs. Springfield Ohio

“It is one thing to cause a stolen computer to report its IP address or its geographical location in an effort to track it down,” “It is something entirely different to violate federal wiretapping laws by intercepting the electronic communications of the person using the stolen laptop.”

- Walter Rice U.S. District Judge

 

[FoolishTech]

It isn't illegal in the here in the US... The wiretapping act doesn't really apply to computers or even voicemail when the devices are contained within the home. If she lives with the guy in a domestic relationship, married or not, it doesn't matter if it's technically his computer or not, it's legal, and it's even admissible in court.

In fact, even it it were illegal, which it isn't, then illegally obtained evidence can be admissible in court if the judge wants to allow it. In a civil matter like a divorce proceeding this is sure to happen. That whole illegally obtained evidence not being admissible myth perpetuated by too much CSI is really about LAW ENFORCEMENT illegally obtaining the evidence, not a domestic partner.

I say go for it dude, sell her a nice commercial spy product and training on it's use.

EDIT: I take that back. After digging a little further, it seems there are conflicting court of appeals decisions on the "marital exception." Still, it's not your ass if there is a legal issue, it's hers.

 

[Tekko]

It isn't illegal in the here in the US... The wiretapping act doesn't really apply to computers or even voicemail when the devices are contained within the home. If she lives with the guy in a domestic relationship, married or not, it doesn't matter if it's technically his computer or not, it's legal, and it's even admissible in court.

In fact, even it it were illegal, which it isn't, then illegally obtained evidence can be admissible in court if the judge wants to allow it. In a civil matter like a divorce proceeding this is sure to happen. That whole illegally obtained evidence not being admissible myth perpetuated by too much CSI is really about LAW ENFORCEMENT illegally obtaining the evidence, not a domestic partner.

I say go for it dude, sell her a nice commercial spy product and training on it's use.

Computer communications have been in scope of this law since the ECPA amendment in 1986.

The Electronic Communications Privacy Act made it illegal to intercept stored or transmitted electronic communication without authorization.
ECPA set out the provisions for access, use, disclosure, interception and privacy protections of electronic communications. Which is defined as “any transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photo electronic or photo opticalsystem that affects interstate or foreign commerce.

 

[FoolishTech]

Computer communications have been in scope of this law since the ECPA amendment in 1986.

Not when within the HOME, as I was saying.

 

[Tekko]

Not when within the HOME, as I was saying.

Link?

I'm Genuinely curious, as the rest of your post is spot on.

 

[FoolishTech]

Link?

I'm Genuinely curious, as the rest of your post is spot on.

http://ftp.resource.org/courts.gov/c/F2/490/490.F2d.803.73-1521.html

"we are of the opinion that Congress did not intend such a farreaching result, one extending into areas normally left to states, those of the marital home and domestic conflicts"

 

[Tekko]

http://ftp.resource.org/courts.gov/c/F2/490/490.F2d.803.73-1521.html

"we are of the opinion that Congress did not intend such a farreaching result, one extending into areas normally left to states, those of the marital home and domestic conflicts"

Not sure if I can change the opinion my lawyer gave me based on an appellant ruling from 38 years ago.

All my research says the same thing. First hit on google:

2. Can I record or tape my spouse’s conversations without permission?
Pursuant to federal and state wiretapping statutes, a person is legally permitted to record a conversation only if the person who is doing the recording or taping is a party to the conversation. This means you can record a conversation between you and your spouse, but not your spouse talking to other people.
Recording those conversations can be a violation of criminal and civil wiretap laws.

http://www.divorcenet.com/states/new_jersey/spying_on_your_spouse#b

Second hit:

According to reports, he used her password to access her Gmail account, because he suspected she was having an affair. Indeed, he found out, she was. And what did playing detective get him? A trial date this month where he could be sent to prison for up to five years. Prosecutors insist that by snooping through his wife’s email, Walker was committing a felony.

http://blog.drphil.com/2011/04/11/should-you-get-arrested-for-snooping-on-your-spouse/

 

[FoolishTech]

Not sure if I can change the opinion my lawyer gave me based on an appellant ruling from 38 years ago.

Then send him/her this decision from 2010 which was MY first Google result when checking into it - the decision of the court was BASED on the ruling from 38 years ago.

But as I edited my initial post to say, I did find conflicting information on the subject. Some courts rule it's ok, some rule it's not. If you dig you'll find both.

The point of the 38 year old decision is that it is not what CONGRESS intended, as Title III was intended to deal with combating organized crime not domestic disputes. It further states that domestic matters in the home should be governed by STATE level statutes not FEDERAL ones.

Edit, my next result "Courts have construed stored communication acts to not apply to surreptitious access of e-mail and voicemail from computers in the home. In addition, silent video surveillance is not regulated under wiretap or stored communications acts."

 

[compnet]

Still, it's not your ass if there is a legal issue, it's hers.

This is all that matters.

We're computer techs, not lawyers. I would do the job and advise it may or may not be legal, but that's for the customer to find out.

I install software. I'm not spying on anyone. You can sue the computer guy if it will make you feel better about losing your wife, but you won't win.