Wife, who secretly installed software on husband’s computer that copied and stored electronic communications between her husband and another woman, did not get to use the evidence in her divorce proceeding. Because the program copied the communications as they were transmitted, they were “intercepted” and therefore in violation of State Law. The court distinguished between the use of spyware to retrieve information from storage versus the use of a program to make a copy of a communication as it is transmitted and route it to a storage file. O’Brien v. O’Brien, No. 5D03-3484, 2005 Fla. App. LEXIS 1408 (Fla. Ct. App. Feb. 11, 2005).
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