Cybersecurity Month: Eyes on Personal Security
October: A Dual Focus on Personal Cybersecurity
October was designated as Cybersecurity Awareness month by President George W. Bush back in 2004 as a time to shed light on how the digital world affects every aspect of our lives.
However, October has also been known as Domestic Violence Awareness Month since 1989, when it was designated as such by Congress and the National Coalition Against Domestic Violence. As we navigate family dynamics in the digital age, it’s important to acknowledge the rising threat of technology misuse and digital abuse, particularly in the sensitive legal realm of family law.
For attorneys practicing family law, understanding the digital landscape has become essential. Cases and relationships involving digital control, manipulation, or other monitoring through technology are becoming more common. While these actions may not seem overtly harmful at first glance, they represent a growing pattern of digital abuse—an area that continues to grow in importance within family law.
The Rise of Digital Control
In civil disputes, particularly divorce, custody cases, and family disputes, the use of technology to monitor or control another person is becoming alarmingly prevalent. This form of digital control is sometimes subtle but often just as damaging as more traditional forms of abuse. Tools and applications, like location sharing (like Life360), created for parents to help keep track of teens can be used to monitor and/or stalk a partner; spyware can be uploaded to phones and devices, and even access to online banking accounts can become weaponized in personal relationships.
Cornell Law defines technological abuse as “an act or pattern of behavior intended to harm, threaten, intimidate, control, stalk, harass, impersonate, exploit, extort, or monitor another individual.” This form of abuse isn’t limited to the confines of the home—it stretches across every device, app, and platform an individual uses.
Examples of Digital Abuse in Family Law Contexts:
- Using tracking apps like Life360 or other location tracking tools to monitor someone’s movements
- Demanding access to social media accounts and using that access to monitor communications and/or post harmful or embarrassing content
- Demanding access or utilizing access to online banking apps and limiting access to personal finances
- Threatening to publish compromising photos (revenge porn) or posting/selling personal identifying information. Revenge porn has also become a separate criminal act in many states. The sale of PII can be considered fraud or accessory to fraud, as the seller would be selling with the intent for that information to be weaponized against the victim.
- Monitoring calls, texts, and emails, either openly or covertly.
- Downloading, installing, and using spyware/stalkerware apps to track someone’s activities and/or communications without their knowledge.
For family law attorneys, these examples serve as a reminder that personal cybersecurity is just as critical as physical safety in these types of cases. They can very quickly escalate from civil matters, like divorce or custody, into criminal charges. Again, while some of these applications have completely innocent or benign intentions, like parents of teenagers utilizing Life360 to keep an eye on new drivers, they can be turned towards criminal acts like stalking and harassment shockingly easily.
Signs of Spyware or Stalkerware
Spy or stalkerware is a particularly concerning tool in these situations, as it can be installed on phones and computers without the victim’s knowledge. Such software enables the perpetrator to:
- Track the phone’s location
- Monitor calls, texts, and emails
- Record phone conversations
- Track online browsing activity
- Access the camera and microphone remotely
Signs that spy or stalkerware may be installed include:
- Unusually fast battery drain without increased usage
- A sudden spike in data usage
- Changes to settings or apps that weren’t made by the user
- Knowledge of personal details that only the victim should be aware of
- Slow device performance or frequent system crashes
Protecting Personal Cybersecurity
For your clients or other individuals who believe they are being monitored, it’s essential to take precautions. Changing passwords and securing accounts is the first step. Tools like password managers (we strongly recommend the use of BitWarden) can help ensure strong, unique passwords across all accounts, making it harder for someone to access them. It’s also advisable to reset devices to factory settings, but only after seeking advice from a professional if evidence of spyware is needed in court.
In family law cases, digital abuse can often go unnoticed, but attorneys who are aware of these tactics can better support their clients. Preserving forensic digital evidence, advising clients on how to protect themselves online, and involving law enforcement when necessary can make a substantial difference in outcomes.