Electronically Stored Information and Your Breakup

Electronically Stored Information or “ESI” includes all information that is created, maintained and/or stored using electronic means. ESI includes but is not limited to emails, text messages, social media, direct messaging, cloud storage, hard drives, thumb drives, external drives, and electronically stored audio, video and photographs. ESI can provide critical evidence in contested cases but it is important the information is obtained lawfully and does not run afoul of the Stored Communications Act.

Some examples of unlawful conduct related to ESI are:

• Using your spouse’s password to access your spouse’s email without permission
• Installing a key-logger program on spouse’s computer to gain access to password protected information
• Purchasing and installing spyware programs to break into your spouse’s cell phone

In addition to violating the Stored Communications Act, you may also find domestic violence charges brought against you if you installed surveillance software on your spouse’s electronic devices.

While ESI may prove helpful in your case it is important you work with your attorney to obtain this information lawfully. One of the most effective and safe means for obtaining ESI is through the formal discovery process. It is also helpful to serve your spouse with a preservation letter on your spouse giving notice to your spouse that he or she has a duty to maintain ESI and that you will be seeking this information.

If you are prepared and organized, then you will have a productive first meeting with your attorney. If you are considering a legal separation or divorce, contact the Law Office of Shannon R. Loeser APC for a consultation.