There are a lot of key logging software programs out there. I have seen some of them work and and have been really impressed. These programs will take screen shots, log typing, and some will even record audio through the microphone on the computer. Some programs even allow you to view video remotely from another computer through the web camera. There is a definite problem with using this software though. You could be violating state and federal wire-tapping laws.
The computer is very much like a telephone in that two people are having a private conversation. Corporations that use these programs often post monitoring warnings and have employees sign policy documents that the employee knows they will be monitored. These corporations would most likely be found to be operating with in the law. Many companies save every single email sent from their Outlook servers. I know this has been the case since at least 2001. I stumbled upon the recorded logs while searching the network for a printer for a company I was working for at the time.
As far as the typical infidelity case a judge will sometimes allow the evidence gathered despite the fact that it may or may not have been obtained legally. I think that this can certainly sway the outcome of a case. The issue is that once this evidence has been entered as record it may be used a irrefutable evidence of wrong doing in a prosecution against the person who gathered it. I am unaware of this happening.
It is extremely important to note that anything disclosed to a private investigator does not fall under the same protection as information disclosed to your attorney under attorney-client privilege. I’ve been told if the investigator is a member of a litigation team then this protection is afforded. I am not sure because attorney-client privilege is a highly debated issue. In any case it would not be wise to disclose any illegal activity to a private investigator. They are sometimes called to testify in court, and could be asked compromising questions. They are bound by the oath to tell the truth, and will be most likely never be able to investigate again if it has been found that they have committed purgery.
In conclusion one must be very careful how they gather intelligence so as to not break the law.
By: John Leonard
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