Although new tracking technologies have taken an increasing role in the practice of family law, the novel issues typically still come down to reasonable expectations of privacy.
Attorneys who spoke with the Law Weekly agreed that easily obtainable technologies like GPS tracking devices and spyware programs that can log keystrokes on a spouse’s computer have changed the way clients, cases and evidence are being handled in divorce and custody battles. Because technology changes occur at such a high speed, there are still a lot of questions about exactly how the evidence gathered from these devices might play out in court.
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