An acrimonious marital breakup has been known to bring out the worst in some people. Those battles increasingly are fought on the technology field, thereby leaving courts to determine complex personal rights issues in the context of grown-ups behaving badly.1

In another such case, Crocker C. v. Anne R.,2 the Supreme Court, Kings County, addressed whether the plaintiff husband’s Fifth Amendment protections, afforded by both the U.S.3 and New York4 Constitutions, shielded him from inquiry into his alleged use of spyware and other technologies to wrongfully access the defendant wife’s privileged and confidential communications. In so doing, the court concluded that those constitutional protections did not extend to the plaintiff husband’s “digital person.”5


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