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Technology Heats Up the Adultery Arms Race 304

HughPickens.com writes: Michelle Cottle reports in The Atlantic that today, spouses have easy access to an array of sophisticated spy software that record every keystroke; compile detailed logs of calls, texts, and video chats; that track a phone's location in real time; recover deleted messages from all manner of devices (without having to touch said devices); and that turn phones into wiretapping equipment. One might assume that the proliferation of such spyware would have a chilling effect on extramarital activities. But according to Cottle, aspiring cheaters need not despair: software developers are also rolling out ever stealthier technology to help people conceal their affairs. Right or wrong, cheating apps tap into a potentially lucrative market and researchers regard the Internet as fertile ground for female infidelity in particular. "Men tend to cheat for physical reasons and women for emotional reasons," says Katherine Hertlein. "The Internet facilitates a lot of emotional disclosure and connections with someone else."

But virtual surveillance has its risks. Stumbling across an incriminating email your partner left open is one thing; premeditated spying can land you in court. A Minnesota man named Danny Lee Hormann, suspecting his wife of infidelity, installed a GPS tracker on her car and allegedly downloaded spyware onto her phone and the family computer. In March 2010, Hormann's wife had a mechanic search her car and found the tracker. She called the police, and Hormann spent a month in jail on stalking charges. "I always tell people two things: (1) do it legally, and (2) do it right," says John Paul Lucich, a computer-forensics expert and the author of Cyber Lies, a do-it-yourself guide for spouses looking to become virtual sleuths. Lucich has worked his share of ugly divorces, and he stresses that even the most damning digital evidence of infidelity will prove worthless in court — and potentially land you in trouble — if improperly gathered. His blanket advice: Get a really good lawyer.
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Technology Heats Up the Adultery Arms Race

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  • Already gone (Score:5, Insightful)

    by kilfarsnar ( 561956 ) on Wednesday October 15, 2014 @12:13PM (#48151609)
    If you feel the need to use these tools, your relationship is already in trouble.
    • Re:Already gone (Score:4, Interesting)

      by Anonymous Coward on Wednesday October 15, 2014 @12:19PM (#48151693)

      It appears that the person resorting to those tools already have decided that they don't trust their partner and wants a divorce. Now they are just looking to get out of it with a better economy than they would otherwise have.
      I guess the problem is that they married the wrong person and probably for the wrong reasons to begin with.

      • Re: (Score:2, Interesting)

        It appears that the person resorting to those tools already have decided that they don't trust their partner and wants a divorce. Now they are just looking to get out of it with a better economy than they would otherwise have.
        I guess the problem is that they married the wrong person and probably for the wrong reasons to begin with.

        In modern divorce law it doesn't matter. It gets split 50/50 unless there's a prenup. Even if one spouse is an axe murderer. I think the courts got so sick of the circus the trials would turn into they just threw up their hands.

        The only thing stuff like that will have a baring on is child custody. And infidelity still wont count. You'd have to have pretty strong evidence of them abusing drugs or something worse.

        • Re: (Score:2, Informative)

          by Anonymous Coward

          While you are correct that it is 50/50, in my state (Florida), that only holds for 7 years. After 7 years it goes to a judge, who determines alimony (if the parties disagree on the subject, which they do).

          After 7 years it really becomes a crapshoot. You can say things like:
          "I didn't move across the country to California because my husband/wife had a job here and didn't want to move. My wife/husband has limited my ability to grow my earnings in the market and I would like to be compensated for the sacrifi

        • Re:Already gone (Score:5, Informative)

          by TubeSteak ( 669689 ) on Wednesday October 15, 2014 @01:03PM (#48152219) Journal

          In modern divorce law it doesn't matter. It gets split 50/50 unless there's a prenup.

          This is almost entirely wrong.

          There are two different philosophies you'll run into, depending on which State you're in.
          1. Equitable distribution - 40 States + Alaska + DC
          2. Community property - 9 States + Alaska + Puerto Rico

          Community property states presume a 50/50 ownership interest in marital assets (a lot of money gets spent on defining what is and isn't a marital asset), but judges can still base their distribution on what is fair (aka equitable).

          /Alaska's default is equitable distribution, but couples can sign a community property contract
          //I'm not a lawyer

          • Re:Already gone (Score:4, Interesting)

            by Anonymous Coward on Wednesday October 15, 2014 @01:53PM (#48152717)

            In modern divorce law it doesn't matter. It gets split 50/50 unless there's a prenup.

            This is almost entirely wrong.

            There are two different philosophies you'll run into, depending on which State you're in.
            1. Equitable distribution - 40 States + Alaska + DC
            2. Community property - 9 States + Alaska + Puerto Rico

            Community property states presume a 50/50 ownership interest in marital assets (a lot of money gets spent on defining what is and isn't a marital asset), but judges can still base their distribution on what is fair (aka equitable).

            /Alaska's default is equitable distribution, but couples can sign a community property contract
            //I'm not a lawyer

            You're also forgetting "No Fault Divorce" states, when one doesn't need to show cause for divorce, a lot of the "so-and-so did this!" stuff goes nowhere. Asking for increased alimony based on infidelity will get you nowhere in my state (and probably shows your attorney is incompetent), spousal support (our term for it) exists for 4 reasons and none of those reasons are retaliatory toward actions during a marriage.

            Might a judge set alimony artificially high if he/she thinks one party is a huge jerkbag? Yes, it can happen, in practice it doesn't, because an out of line award is grounds for an appeal and judges HATE getting appealed on. What is more, family law judges are fucking jaded, they've seen way worse than whatever went on during your marriage just that week, let alone that month, good luck trying to gin up sympathy with someone like that.

        • by jythie ( 914043 )
          This is pretty jurisdiction dependent. Even from city to city within the same state laws can vary. There is no national '50/50' rule even by a long shot.
          • No, but there's precedent. Which is what counts in court.

            • by jythie ( 914043 )
              We are talking about family court here, they are kinda the mirror bizzaro world version of the US legal system. I still see cases referencing 16th century english common law in decisions.
              • by swb ( 14022 )

                No shit is family court weird.

                My neighbor got a divorce. As divorces go, it was pretty amicable -- neither one had a substance abuse problem, was cheating, no domestic violence, etc. She became more and more religious and he grew disaffected with religion and wanted "more" out of life than her religious-centric world would allow. (This was his take, but since he was at the house a lot to fix stuff and waited on the divorce process so she could get a hip replacement, I'm inclined to believe he was honest)

      • Re: (Score:2, Interesting)

        by cayenne8 ( 626475 )
        WAIT...this summary of the article bears one HUGE question.

        How in the world is it even possible to "stalk" your spouse???

        I mean, if you're married, living in same house, etc...by definition isn't stalking impossible, there is all kinds of implied consent there, no?

        I'm not arguing right or wrong on what the guy did, but either that is a huge stretch on saying what "stalking" is, or the law was written FAR too broadly!!!

        :O

        • Re:Already gone (Score:5, Insightful)

          by The Ickle Jones ( 3869681 ) on Wednesday October 15, 2014 @12:43PM (#48151981)

          How in the world is it even possible to "stalk" your spouse???

          Do you also think it's not possible to rape your spouse? Following someone around all the time or tracking them without their consent seems like a pretty clear-cut case of stalking to me, regardless of whether you're married or not.

          • Re:Already gone (Score:5, Insightful)

            by pla ( 258480 ) on Wednesday October 15, 2014 @01:03PM (#48152223) Journal
            Do you also think it's not possible to rape your spouse?

            So, when did you stop beating your wife?

            Ahem.

            The law doesn't distinguish between the two "owners" of shared marital assets. How, therefore, can it count as "stalking" to install a GPS tracker - Which have a plethora of entirely legitimate uses - in my own cars? By the same reasoning, does it also count as "stalking" to take advantage of all the insurance companies' offers to track your kids' driving habits with similar devices?

            As for email, I maintain our home network. By the same weasel-logic corporations use to spy on their employees' emails, if I "just happen" to come across a damning email in the course of a routine security audit of my home IT infrastructure, how exactly does that count as unkosher?

            Now, I wouldn't do any of that, because I trust my SO. I still, though, have an awfully hard time understanding how a court can draw arbitrary lines between "allowed" and "illegal" based on something they can't physically know - My intent.
            • by jythie ( 914043 )
              Shared assets yes, but something like a car may or may not fall into that category depending on the paperwork. I know plenty of married couples who have separate finances and outside the house there is a pretty bright line regarding who owns what.
            • Re:Already gone (Score:5, Insightful)

              by ShanghaiBill ( 739463 ) on Wednesday October 15, 2014 @01:54PM (#48152733)

              The law doesn't distinguish between the two "owners" of shared marital assets. How, therefore, can it count as "stalking" to install a GPS tracker

              Assets are not automatically "marital". I live in California, a community property state. We share most assets, but I own my car, and my wife owns hers, and the titles of each clearly state that we are sole owners. Furthermore, you don't automatically have a right to violate someone's rights just because they are using your property. I don't have a right to record your phone calls just because you are using my phone.

            • How, therefore, can it count as "stalking" to install a GPS tracker - Which have a plethora of entirely legitimate uses - in my own cars?

              It doesn't--assuming you can show that you installed the GPS tracker primarily for one of those legitimate uses and not to find out where your spouse is.

              If you installed it on the car that is primarily used by your spouse and not the car primarily used by you, if you installed it around the time you began to suspect them of infidelity, etc., a judge may end up deciding if you were using it to track your spouse or using it for other reasons and just coincidentally ended up tracking your spouse.

            • Re:Already gone (Score:5, Informative)

              by Slashdot Parent ( 995749 ) on Wednesday October 15, 2014 @03:01PM (#48153401)

              The law doesn't distinguish between the two "owners" of shared marital assets. How, therefore, can it count as "stalking" to install a GPS tracker - Which have a plethora of entirely legitimate uses - in my own cars?

              Exactly. In fact, I lost the link, but the guy who was mentioned in the OP who installed a GPS tracker on his and his wife's jointly-owned car had his conviction reversed on appeal because he was allowed to put a tracker on his own car.

              He was, however, still convicted of stalking, but that wasn't because of the GPS tracker. It was because he attacked a family member and physically intimidated them or something like that. The tracker was fine.

        • by AmiMoJo ( 196126 ) *

          If you can't go out on your own without your partner following you and watching everything you do, they are stalking you. Fitting a GPS tracker to her car certainly seems to fit that definition.

        • by jythie ( 914043 )
          People have a habit of actually leaving their house now and then.
        • I'm not arguing right or wrong on what the guy did, but either that is a huge stretch on saying what "stalking" is, or the law was written FAR too broadly!!!

          Actually, tracking someone's every step seems like a textbook case of stalking.

    • Kids have cell phones at younger and younger ages. You can argue if this is good or not but if they do have them, then it would be a nice feature and provide some peace of mind if you could call up their location (OK, the location of the phone) via a web app.

      Are they late getting home and not answering their phone? If the locations service says they are at a friends house, then fine. If it says they are on I-35 traveling north at 80 MPH....not so fine.

      Lojack for your kids.

      • Lots of people seemed to do alright without others tracking them 24/7. I see no reason why today's kids can't have privacy too. There's really no need for all this useless paranoia.

        • Lots of people seemed to do alright without others tracking them 24/7. I see no reason why today's kids can't have privacy too. There's really no need for all this useless paranoia.

          Ah... You DON'T have kids eh? Privacy? Really?

          Look, there are times when as a parent it is not only my right, but my responsibility to know what my kids are doing and where they are. Say they are out skipping school, I'm the one who ends up being charged for their truancy, I pay the fine and I risk jail if it doesn't stop. So I monitor...

          My kids understand this and know full well they are subject to monitoring as long as they are under the age of majority and/or choose to live with me. Once they start

          • Ah... You DON'T have kids eh?

            I do. I don't appreciate it when idiots assume that anyone who disagrees with them don't have kids.

            I also remember being a kid, and I had a lot more freedom than most kids today do. Everyone is paranoid about terrorists/child molesters/some other such bogeyman, when in reality, we're safer than ever. No need for all this garbage.

            Look, there are times when as a parent it is not only my right, but my responsibility to know what my kids are doing and where they are.

            All I said was, "I see no reason why today's kids can't have privacy too." I take it that, in your imagination, you saw my comment as, "Parents should never have any idea where thei

    • One who has fifty loves, has fifty woes. One who has no loves, has no woes.
  • Telling quote (Score:5, Insightful)

    by DoofusOfDeath ( 636671 ) on Wednesday October 15, 2014 @12:22PM (#48151723)

    aspiring cheaters need not despair:

    I know this is meant tongue-in-cheek, but if taken at face value it's completely wrong. I've been married for about 20 years. I think the pleasures of being married to my wife this long, and of her being able to trust me, and of not having betrayed my family, far outweigh any benefit I would have gotten from succumbing to the temptation to cheat.

    So aspiring cheaters should actually despair that some technology increases their temptation to cheat. In my estimation, they're just being more tempted to make a mistake.

    • I appreciate your fidelity and trying to do the right thing, but statistics simply aren't on your side.

      What are we up to now? 50% of all marriages end in divorce? It's going to happen regardless.

      Many argue that monogamy isn't a natural state for humans. I certainly think it's one which takes a lot of effort and isn't for everybody.

      For many people, the mistake was in the decision to get married in the first place. I've lost count of the number of people who while they were getting married there were alre

      • Re: (Score:2, Informative)

        by Anonymous Coward

        The 50% divorce rate is a myth based on a faulty statistical inference. The highest it ever got to was around 40%, and the divorce rate is now declining. Source: http://www.nytimes.com/2005/04/19/health/19divo.html?_r=0

      • by vux984 ( 928602 )

        It's going to happen regardless.

        So is cheating at school, or plagiarism, or fishing without a license, or bullying, or vandalism, or gossiping about the neighbors. That doesn't mean we need or should celebrate apps to facilitate any of those.

        Many argue that monogamy isn't a natural state for humans.

        Nobody forcing people to get married and take vows of monogamous fidelity.

        For many people, the mistake was in the decision to get married in the first place

        Agreed. And the solution is to terminate the marriage no

      • It's going to happen regardless.

        With that attitude it certainly is.

    • Re:Telling quote (Score:5, Interesting)

      by PPH ( 736903 ) on Wednesday October 15, 2014 @12:50PM (#48152067)

      So aspiring cheaters should actually despair that some technology increases their temptation to cheat.

      I think the trouble starts with the 'aspiring cheater'. Not the enabling technology. I'm responsible for my own self control and resistance to temptations. I don't need laws, restrictions on technology or some silly holy book to enforce agreements I have with my wife, family or friends.

      Granted, there are people who need supervision. But that's a problem with their internal moral compass. Why should the rest of us have to give up nice things because some people suffering from arrested development can't keep it in their pants? Or get permission to have something on the side without turning it into a case of cheting?

      • I think the trouble starts with the 'aspiring cheater'. Not the enabling technology. I'm responsible for my own self control and resistance to temptations. I don't need laws, restrictions on technology or some silly holy book to enforce agreements I have with my wife, family or friends.

        I see it a little differently. I almost always know what's right or wrong, but sometimes I'm more tempted than others to do what I know is wrong.

        When I come back to my senses, in hindsight I'm grateful for anything that help

    • Re:Telling quote (Score:5, Insightful)

      by Anonymous Coward on Wednesday October 15, 2014 @01:29PM (#48152481)

      I've cheated many years ago. It felt great for the half hour or so of actual sex. Immediately after I felt nothing but shame and despair. It really wasn't worth the feeling of being a lying piece of shit. Even now almost 30 years later I occasionally think back on it and hate that it happened. There's nothing like sitting there while your wife talks about what a great husband you've been with that scene replaying itself in your mind. I'd give anything to erease that.

  • Kiddie phone from Verizon. He is clinging to his 2004 state of the art clamshell phone that is at best a feature phone with no features actually supported any more besides phone calls, calendar, and text messages. In the meantime, I have not one but two Samsung galaxies.

    On the one hand, even if I wanted to spy on him, I couldn't. On the other hand, his texts cost him 10 cents each on a grandfathered pre-paid plan, and he certainly can't install or run any kind of app on it. So the few texts he make
  • by cerberusss ( 660701 ) on Wednesday October 15, 2014 @12:31PM (#48151849) Journal

    Perhaps it's unthinkable in American minds, but here in the Netherlands, only about half of the people in solid relationships decide to marry. And there seems to be no set time for this either. More often than not, I've seen friends marry after their first child.

    I'm not marrying, the odds are decidedly in favor of women. The Netherlands has the highest percentage of women working parttime. As a man, you'll be paying through the nose.

    • I doubt not marrying changes the relationship dynamics of cheating by much. It's like trying to eradicate greed by abolishing property rights.
    • by jehan60188 ( 2535020 ) on Wednesday October 15, 2014 @12:42PM (#48151951)

      that's the thing, marriage is financially beneficial under US laws.
      it's also necessary for things like wills, and who can/can't testify against you, or even allowing certain people to visit you in the hospital

      • that's the thing, marriage is financially beneficial under US laws.
        it's also necessary for things like wills, and who can/can't testify against you, or even allowing certain people to visit you in the hospital

        Yes, and that middle one is important. Um, to some people, that is.

      • by LWATCDR ( 28044 )

        " or even allowing certain people to visit you in the hospital"
        Not exactly.
        I have never seen a hospital with a family only rule. Only if you are incapacitated can your family decide to ask the hospital to make it family only or to exclude someone. If you are married you spouse is your "closest" family member and can actually exclude other family members.

  • This is two weeks ago, but I don't think it popped up on Slashdot;
    Feds charge tech CEO with making app for stalkers, domestic abusers [cbsnews.com]

    Although people are usually quick to defend the tool (and its makers) and suggest authorities go after its users instead, similar stories from the past seem to suggest that not very many would be jumping to his defense:
    Man Creates "Creepy" Stalking App [slashdot.org]
    World's Creepiest iPhone App Pulled After Outcry [slashdot.org]

  • by Anon-Admin ( 443764 ) on Wednesday October 15, 2014 @12:43PM (#48151969) Journal

    Simple solution, Always be honest in your relationship!

    My wife and my girlfriend get along great, even take them out shopping together. The only issue I have is when we all go out, I can not get a word in edge wise.

    Keep it honest and there is no need for all those tools.

    • This, you can't "cheat" on me since I give you permission. (Of course, that doesn't mean my trust can't be betrayed in other ways, or attempts to manipulate me, etc., but there's less emotional agita.)

    • Umm, how do you truly know she has never cheated? Or does that not matter to you? The only way you can be 100% sure is by "trusting your feelings" and your ability to judge a person's character .. its like believing in God. You don't have any real proof but it feels correct. Not like anyone has been wrong about their spouse or God being the Juju under the tree before.

    • by Lumpy ( 12016 )

      Humans do better in a Poly when they are mature and evolved.

      Kudos to you!

  • Comment removed (Score:5, Interesting)

    by account_deleted ( 4530225 ) on Wednesday October 15, 2014 @12:57PM (#48152159)
    Comment removed based on user account deletion
  • Call me a luddite, but I still use the traditional method. I can't see why any self-respecting Christian would turn to this technology when the answer is right there in the Bible!

    The Test for an Unfaithful Wife

    11 Then the Lord said to Moses, 12 “Speak to the Israelites and say to them: ‘If a man’s wife goes astray and is unfaithful to him 13 so that another man has sexual relations with her, and this is hidden from her husband and her impurity is undetected (since there is no witness against her and she has not been caught in the act), 14 and if feelings of jealousy come over her husband and he suspects his wife and she is impure—or if he is jealous and suspects her even though she is not impure— 15 then he is to take his wife to the priest. He must also take an offering of a tenth of an ephah[c] of barley flour on her behalf. He must not pour olive oil on it or put incense on it, because it is a grain offering for jealousy, a reminder-offering to draw attention to wrongdoing.

    16 “‘The priest shall bring her and have her stand before the Lord. 17 Then he shall take some holy water in a clay jar and put some dust from the tabernacle floor into the water. 18 After the priest has had the woman stand before the Lord, he shall loosen her hair and place in her hands the reminder-offering, the grain offering for jealousy, while he himself holds the bitter water that brings a curse. 19 Then the priest shall put the woman under oath and say to her, “If no other man has had sexual relations with you and you have not gone astray and become impure while married to your husband, may this bitter water that brings a curse not harm you. 20 But if you have gone astray while married to your husband and you have made yourself impure by having sexual relations with a man other than your husband”— 21 here the priest is to put the woman under this curse—“may the Lord cause you to become a curse[d] among your people when he makes your womb miscarry and your abdomen swell. 22 May this water that brings a curse enter your body so that your abdomen swells or your womb miscarries.”

    “‘Then the woman is to say, “Amen. So be it.”

    23 “‘The priest is to write these curses on a scroll and then wash them off into the bitter water. 24 He shall make the woman drink the bitter water that brings a curse, and this water that brings a curse and causes bitter suffering will enter her. 25 The priest is to take from her hands the grain offering for jealousy, wave it before the Lord and bring it to the altar. 26 The priest is then to take a handful of the grain offering as a memorial[e] offering and burn it on the altar; after that, he is to have the woman drink the water. 27 If she has made herself impure and been unfaithful to her husband, this will be the result: When she is made to drink the water that brings a curse and causes bitter suffering, it will enter her, her abdomen will swell and her womb will miscarry, and she will become a curse. 28 If, however, the woman has not made herself impure, but is clean, she will be cleared of guilt and will be able to have children.

    29 “‘This, then, is the law of jealousy when a woman goes astray and makes herself impure while married to her husband, 30 or when feelings of jealousy come over a man because he suspects his wife. The priest is to have her stand before the Lord and is to apply this entire law to her. 31 The husband will be innocent of any wrongdoing, but the woman will bear the consequences of her sin.’”

    Numbers 5:11-31

  • If my wife were to have sex with someone else behind my back, I'd be disappointed.

    She knows I like to at least watch!

  • I guess not anymore. (Sorry.)
  • by Anonymous Coward

    www.forbes.com/sites/kashmirhill/2011/10/27/scary-stalker-husband-in-the-legal-clear-to-track-wifes-car/

  • And the term "Good" lawyer is an oxymoron.
    • And the term "Good" lawyer is an oxymoron.

      It's a given that any lawyer is going to f*** you. A good one is one who will f*** the other side more.

  • There are already decryption utilities that we use to decrypt all of Microsoft products, this will be one more. However, there are technologies that are already out that can make our job harder. These are file-shredding utilities, which overwrite data numerous times making it impossible to recover the data. However, we often get some of the data back because users get lazy in using the shredding utility and some shredding utilities are not the best quality and do a horrible job.

    Disk encryption > file shredding, 100 times over. Yes, BitLocker shouldn't be trusted because of the NSA, but, even if the NSA did backdoor it, it would still be impenetrable to standard law enforcement. Handwaving this problem away is either bluster or ignorance. Either way, he's a hack.

  • Under any other circumstances, when two people enter into a contract, and one of the individuals is suspected of breaking the contract, the other usually has recourse to investigate that, especially when it only involves tracking an object they own in unison.

"The whole problem with the world is that fools and fanatics are always so certain of themselves, but wiser people so full of doubts." -- Bertrand Russell

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