From the ABA Journal today, September 26, 2012: Plaintiff Catherine Zang and one other plaintiff is suing her ex-husband and his well-known Cincinnati lawyer for invasion of privacy in federal court. Zang and her online friend claim the attorney intended to use secret surveillance in divorce proceedings.
Allegations in the complaint are that Zang then-husband installed a hidden video camera and microphone, as well as computer-tracking software in order to spy on Zang's online communications with a friend. Damages sought: hundreds of thousands of dollars on allegations of wiretapping and invasion of privacy.
Mr. Zang admits that he installed the monitoring devices, but says he did nothing wrong. The basis of the lawsuits are the federal and state (Ohio) wiretapping laws. Ohio law is similar to that of Michigan. If one party to an audio communication is aware of the recording, there is no liability. But in the Zang case, Mr. Zang was not a party to the online chats.
Earlier blog articles dealing with invasion of privacy and divorce wars may be read here: