Legal Question in Technology Law in New Jersey

Re: capturing passords

Yes, and more.

You have a cause of action against hubby for invasion of your privacy and theft of your intellectual property (your password). I can't predict how a court might rule on this as to damages, but it seems that the cause of action is secure. First, a password is information that the owner generally intends to remain secure. Second, it unauthorized use has caused damage to you. The fact that the password was to a site that one would generally think of as being confidential strengthens your case

Your paramour also has a cause of action for invasion of her privacy. If hubby placed spyware on her PC or a jointly owned PC with the intention of using information that she believed to be private against her, he has taken property that does not belong to her and invaded her privacy.

The court order regarding children is a different story and you have not provided all of the information that is necessary to give you a definitive response. If the court order is directed to your paramour (i.e., she can't let you see the children) then it is arguably valid. On the other hand, if it is directed to you, then the fact that you were denied the opportunity to be heard is a classic violation of due process. Under both the New Jersey and the United States constitutions, your liberty (to see anyone you want) cannot be limited without due process. That means notice and the opportunity to be heard. If you have been denied this opportunity, then the court order does not apply to you.

There is only one conceivable scenario under our law where a person who is not a party in court can be subject to the order of the court. That is the case of a Temporary Restraining Order under federal law or an Order to Show Cause under New Jersey Law. Both are emergency measures that require that the applicant for that order certify that there is the present danger of immediate and irreperable harm. Both require that prior notice be attempted and that the party to be charged by the order is unavailable to the court. Both result in an order to the affected party to appear and be heard.

Look carefully at the language of the Order. I suggest that an experienced judge would have directed it at the behavior of your paramour. If it is directed to you, then the court is wrong in denying you the opportunity to be heard and you may have a direct path to the Appellate Division.

So, there are four distinct issues: (1) invasion of your privacy; (2) invasion of the privacy of your paramour; (3) violation of your civil rights; (4) resolution of your paramour's matimonial situation.

I suspect that the last issue is of most importance to you. I suggest that you get the advice of independent counsel on this issue. The very best I know is Vincent L. Robertson of Moorestown, NJ. He is a Certified Matrimonial Attorney and very good at what he does. You can reach him at 856-235-4277.