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Technology Heats Up the Adultery Arms Race

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.

24 of 304 comments (clear)

  1. Already gone by kilfarsnar · · Score: 5, Insightful

    If you feel the need to use these tools, your relationship is already in trouble.

    --
    "What the American public doesn't know is what makes them the American public." -Ray Zalinsky (Tommy Boy)
    1. Re:Already gone by Anonymous Coward · · Score: 4, 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.

    2. Re:Already gone by Immerman · · Score: 4, Insightful

      Unrelated. In this case we're not talking about the application of tools, we're talking about trust - which is widely considered to the THE most important factor in any healthy relationship. So lets try this on for size:

      "If you feel you can't trust the person you've chosen to be your life partner, your relationship already has serious issues"

      --
      --- Most topics have many sides worth arguing, allow me to take one opposite you.
    3. Re:Already gone by The+Ickle+Jones · · Score: 5, Insightful

      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.

    4. Re:Already gone by cayenne8 · · Score: 3, Informative
      Err...it is a common way to refer to someone you have a relationship with. I have "my" friends. I have "my" cousin, I have "my wife"...I have my woman....My girlfriend.

      I'd think if you were old enough to try to contribute to the discourse on Slashdot, you'd have a better grasp on semantics.

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    5. Re:Already gone by Mr+D+from+63 · · Score: 3, Insightful

      When my wife refers to me, she sometimes says 'my husband' , or 'my man'. I sometimes refer to my wife as "my wife".

      Maybe there are people that need to quit trying to form complete characterizations of people based on the use of a common phrase.

    6. Re:Already gone by TubeSteak · · Score: 4, Informative

      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

      --
      [Fuck Beta]
      o0t!
    7. Re:Already gone by pla · · Score: 5, Insightful

      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.

    8. Re:Already gone by gstoddart · · Score: 4, Interesting

      Well, because women and men cheat for different reasons.

      I know someone who eventually always seems to be drawn to chatrooms and texting people -- in no small party because he's a complete man-child (not that everyone who cheats is).

      It absolutely devastated his wife, because while he wasn't always available to her emotionally or sexually, he was having 'interactions' (purely virtual AFAIK) which were both emotional and sexual with someone else. He said it put some zest back in his life, which devastated her even more.

      It was just as hurtful as if he'd actually been schtuping someone. He thinks he's done nothing wrong, and completely makes the same argument as you do -- and it boils down to "if you're going to overtly flirt with strangers, or start having on-going conversations with people are aren't strangers ... sooner or later you're probably going to just go ahead and do it, and that might be a line they're not willing to accept."

      It also massively undermined trust and pretty much everything else in the relationship. Because if your partner is spending all of their time wondering who you're rubbing your parts up against when you go out, the rest of it starts to deteriorate.

      So, I figure your options boil down to: 1) accept that it's going to happen but stay in the dark, 2) accept that it's going to happen and be informed, 3) try to prevent it from happening, or 4) realize you're not gonna stop it and move on with your life.

      And depending on the kind of person you are, there may only be 1 or 2 in that list which are even options for you.

      In university I did the whole open relationship thing. It's not for everybody. I don't have a problem with people who can do it ... for me it was a lot of work, and very draining, and wasn't what I wanted longer term.

      It was fun, because I was in my 20s, and who wouldn't have liked a couple of different flavors? Would I do it now? I don't think so, but you never know.

      Me, I think people started screwing around within 6 months of the first people getting married (at most). Men seem to have an evolutionary imperative to cat about as much as they can.

      So either we need to fix evolution, or we need to better understand what we think marriage is for and what it means.

      --
      Lost at C:>. Found at C.
    9. Re:Already gone by raymorris · · Score: 4, Insightful

      GP didn't say there's no such thing as raping ones spouse. In fact, GP said "I'm sure it happens". Followed by "but it seems harder to prove".

      Similarly, if I'm asleep and my wife wants to wake me up in a special way, that's fine (that's awesome, actually). If she did the same thing to sleeping stranger, that would be rape / sexual assault. The difference being that when I married her, I essentially consented generally, switching it from "default no-consent" to "default consent", meaning she's free to touch me until I indicate that I don't want her to.

      If I walk up behind a random woman at Walmart and wrap my arms around her, with my hands on her breasts, that's called sexual assault. If I do the exact same motion with my wife, that's called "good morning". The difference being that my wife consented in a general way, announcing to me and to the rest of the world that she _wanted_ to do "what married people do" with me. Obviously if she tells me "I'm in a bad mood, please leave me alone for a bit", I should honor that.

    10. Re:Already gone by amiga3D · · Score: 3, Interesting

      Not in rape cases. Many a man has gone to prison where the only proof he raped the woman is the fact that his sperm was found in her and she stated that she said no to sex. Most of the time it is assumed, most likely correctly, that the woman would not lie about such a thing. They appear distraught and seem like they were indeed violated but didn't struggle due to duress. This doesn't mean that they can't lie about it though and there have been cases where years later witnesses came forward and recanted their testimony. In a married scenario where the wife might have actual reason to lie, for example she's getting ready to divorce her husband for cheating on her, well you can see where more than just her word would be needed.

    11. Re:Already gone by Anonymous Coward · · Score: 4, Interesting

      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.

    12. Re:Already gone by ShanghaiBill · · Score: 4, Insightful

      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.

    13. Re:Already gone by Slashdot+Parent · · Score: 4, Informative

      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.

      --
      They don't grade fathers, but if your daughter's a stripper, you fucked up. --Chris Rock
    14. Re:Already gone by ultranova · · Score: 3, Insightful

      So, are you saying that it's OK to rape and beat your wife as long as you don't leave marks?

      And absent signs of physical trauma, you won't believe it happened?

      Absent signs of physical trauma, do you have any kind of evidence it happened? If not, why would you automatically believe a person has committed a heinous crime just on another person's word? Malice is equal opportunity.

      Violence leaves marks that can be examined, but it's not in general possible to determine afterwards whether someone consented or not. It's bat that a criminal might walk free, but it's also bad that an innocent might not. If you have a solution to this situation, do feel free to share.

      --

      Forget magic. Any technology distinguishable from divine power is insufficiently advanced.

  2. Telling quote by DoofusOfDeath · · Score: 5, Insightful

    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.

    1. Re:Telling quote by PPH · · Score: 4, Interesting

      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?

      --
      Have gnu, will travel.
    2. Re:Telling quote by Anonymous Coward · · Score: 5, Insightful

      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.

    3. Re:Telling quote by DoofusOfDeath · · Score: 3, Insightful

      I'm really sorry. I guess you can take some small comfort that your moral compass seems to be working well, and that you've been a good enough husband otherwise that she appreciates you.

  3. Or you know, not marry by cerberusss · · Score: 4, Informative

    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.

    --
    8 of 13 people found this answer helpful. Did you?
    1. Re:Or you know, not marry by jehan60188 · · Score: 4, Informative

      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

  4. Simple solution by Anon-Admin · · Score: 4, Funny

    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.

  5. And people are surprised why? by MikeRT · · Score: 4, Interesting

    This was perfectly predictable when those who said "adultery is a private, consensual matter" won the argument and adultery effectively became a dead letter crime and tort. If adultery were reasonably enforced on those with licensed marriages, it would create a much greater argument for regulating these apps.

    See funny thing is most people don't regard marriage as something where good behavior is strictly optional. When you take away recourse to the courts on the worse forms of betrayal in a state-recognized relationship, people are bound to take private action.

  6. My woman by Immerman · · Score: 3, Insightful

    Read a lot into things? I'll admit cayenne's usage was borderline, but when I talk about "my woman" I don't mean "the woman I own" I mean "the woman I'm pairing with", as opposed to the 3.5+ billion women in the world whose happiness and well-being have negligible impact on my life. She is my woman, I'm her man, no power imbalance implied. How would *you* phrase that? After all we're not married, and I'm not in the habit of referring to grown women as girls.

    --
    --- Most topics have many sides worth arguing, allow me to take one opposite you.