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O'Brien v. O'Brien

Florida District Court of Appeal

899 So. 2d 1133 (2005)

Facts

Beverly O’Brien (defendant) installed a computer spyware program on her husband’s computer that copied the communications her husband was sending to another woman by taking frequent snapshots of the computer screen. During their subsequent divorce, the husband received a permanent injunction preventing O’Brien’s disclosure of the communications. The court found that the woman’s use of the spyware violated the Florida Security of Communications Act, which was similar to the federal Wiretap Act and prohibited the unauthorized interception of communications. The court then granted a divorce without considering the communications. O’Brien appealed the injunction and the court’s failure to allow her to enter the communications into evidence in the divorce. O’Brien argued that the spyware did not intercept communications but merely retrieved communications from storage.

Rule of Law

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Issue

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Holding and Reasoning (Sawaya, C.J.)

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