Is Spying on Your Spouse Legal

What does spousal spying mean

Spousal spying is when a partner secretly monitors their other half's behavior, communications, and location. This may include snooping on social media messages, texts, and emails. Some go as far as installing GPS trackers to track their spouse's location.

Since invasive technologies are fairly accessible, keyloggers, hidden cameras, or spyware apps have made spying easier than ever. If you suspect your partner may be violating your privacy, try Clario Anti Spy. Our app has features for both iOS and Android users that can help protect devices against intrusive apps or jailbreaking.

For Android users, we offer the Clario Anti Spy’s Spyware scan feature. This will scan your phone, detect spyware apps (if there are any), and notify you of any suspicious app permissions you may be unaware of.

Here's how to use Clario Anti Spy’s Spyware scan on Android:

1. Download the Clario Anti Spy app and create an account.
2. Tap Spyware Scan to launch a device scan.
3. Check out the scan results. If there are any suspicious apps on your phone, the scan will highlight them.

For iOS users, we've created a Device system check feature. This will check your device for signs of a jailbreak or other security vulnerabilities associated with outdated iOS. A jailbreak is dangerous as it is one of the only two ways to spy on an iPhone (the other is through password theft). If your phone is jailbroken, it means someone can easily install spying software on it without you noticing.

Also, the Device system check feature checks if your iPhone is running on the latest iOS version. Installing updates is vital as they often include new security upgrades and patches.

Here's how to start using the Device system check feature on iOS:

1. Download the Clario Anti Spy app and create an account.
2. Tap Device system check to launch a device scan.
3. Check out the scan results. If your device requires an update or has been jailbroken, Clario will let you know.

Legally risky methods of spousal spying

When a couple goes through a rough patch, all kinds of suspicions (e.g., infidelity, hidden financial activities, etc.) may push one in a marriage to spy on their partner. But is spying on your spouse legal?

Legally risky methods of spousal spying include:

• using secret GPS tracking to monitor a partner's location
• wiretapping/recording your spouse's calls without their consent
• hacking password-protected accounts (emails, social media)
• monitoring browser history via keyloggers (often a grey area but generally considered a violation of privacy law)

If you're wondering whether spyware is illegal, the answer is yes. According to US laws, monitoring the phone of an individual 18 or older is illegal unless, of course, they give you their permission. This restriction applies to data tracking and collecting apps.

Legal consequences of spying on spouse

Spying on your spouse without their consent has many legal implications, all depending on the offense’s severity. These may include penalties, civil lawsuits, and even criminal charges, including imprisonment in extreme cases. The consequences depend on the state where the spying occurred and the methods applied to gather data on your partner.

The temptation to collect evidence on your spouse's misconduct may be hard to resist. However, whether or not it will help you in court depends on how you collect this info. If any evidence was obtained through legally risky means, as listed above, it may damage your case, and you may end up with penalties or even imprisonment.

So, before engaging in this kind of activity, check out the legal risks that you may be subjected to:

1. Federal and state privacy laws prohibit unauthorized surveillance. In fact, violating the Electronic Communications Privacy Act (ECPA), which safeguards people's privacy, can result in severe consequences, including up to five years of imprisonment and fines of up to USD 250,000. However, if you feel it is absolutely necessary for your case, contact your lawyer to help you prove wrongdoing by your spouse.
2. When it comes to wiretapping, many US jurisdictions need proof that at least one party gave its permission. If performed without consent, the law may qualify it as stalking. So, the question lingers—can a spouse be charged with stalking? Absolutely. Stalking is illegal, even within marriage.
3. Because spying is deemed a violation of privacy, such cases often end up in court with victims seeking damages for emotional distress, loss of reputation, etc. While fines and restraining orders are typically how these cases end, the result can be as serious as imprisonment.

Protecting yourself from spousal spying

You can protect your digital space from spousal spying by using antispyware apps, changing passwords on your private accounts, regularly reviewing location sharing permissions, and more. In case spying escalates, it is best to consult a legal expert.\

Now, let us walk you through each step you can take to protect yourself from spying:

• When a relationship is heading toward a divorce or is in deep turmoil, partners may go as far as installing spyware to track their other half. It may take time to detect as it operates in the background. Wondering how to tell if your spouse is spying on your phone? For a quick solution, use Clario Anti Spy to detect and remove invasive apps.
• Change your passwords as soon as you suspect your partner may have invaded your digital privacy. Come up with strong passwords for your social media and email accounts. Also, it is highly recommended that you set up two-factor authentication (2FA). For extra protection, use Clario's Anti Spy Unlock catcher. It will take a snapshot of anyone trying to unlock your phone. It can help you find out whether your partner tried to unlock your device.
• You can unknowingly give away your location using Google Maps or Find My iPhone, especially if you and your spouse have shared accounts or initiated location sharing prior. Review location tracking permissions and disable them unless absolutely necessary.

Conclusion

Is spying on your spouse wrong? It certainly is a questionable act that straddles the thin line between being unethical and illegal. It can undermine trust, damage relationships, and result in lawsuits or criminal penalties.

Ultimately, it is important to remember that you have the right to privacy in your marriage. Safeguard your device with Clario Anti Spy. If you're an Android user, try Clario Anti Spy's Spyware scan to detect spyware and suspicious app permissions. For an iPhone, use Device system check to scan your iPhone for jailbreaks and check whether it runs on the latest version of iOS.