The Use and Abuse of Technology in Family Law Cases

I recently participated in a fantastic webinar presented by Steven Bradley who is the Safety and Technology Expert at Our Family Wizard.

Whilst the webinar focussed on the use/abuse of Technology in Domestic Abuse and Family Law Cases, the issues raised affect everyone on a practical daily basis. It was very informative, and I must say it did make me feel quite nervous about the capacity for technology to be used for illegal purposes, which we should all be aware of.  It also made me want to throw away my smart phone and resurrect my old Nokia 3310!

With permission from Steven Bradley of Our Family Wizard, I share the attached link which sets out tips for lawyers to discuss with clients that are dealing with safety and technology issues.

Whilst this is a long article, I cannot emphasis enough how important these issues are. I will be sharing them with my family and friends too.

Some of the important take-aways from the Webinar for me were:

1. People in abusive relationships are vulnerable, and there are a number of ways for a perpetrator to access technology and your electronically stored information whether through the computer or mobile phone, or other internet driven appliances.

2. The offender does not need to be an IT expert and can just google how to track or stalk their ex-spouse. There are many examples of ways to act to protect yourself including installing apps to detect spyware or other tracking devices in nearby location.

3. That your phone is like a small sized super computer; it is able to be hacked and manipulated. Most people don’t always think about virus software for mobile phones although they would for their computer – and they should!

4. If someone sends you a link that is a scam or appears suspicious, once you click on the link, you are giving them access to all of your phone/computer information which can include access to your photos/videos, contact lists, emails, microphone, banking records, notes and passwords.  Don’t click on the link if you do not know who the sender is.  It is easy enough for someone to change the description of the email address so it looks like it is from someone else. Click on the name and it will reveal the actual address.

5. There have been Apps have been designed that have enable people to hack someone else’s phone when being within 25 feet of them (7.5 metres away). You can install Apps that detect tracker apps installed on your phone to alert you to this occurring, and for you to be able to do something to stop it.

6. If a client thinks that their ex-partner knows too much information about them then they should trust their gut and consider that their activities may be being monitored.

7. Computers are hard to hack but people are not. People have to remember that their ex-partner will likely know and remember what a usual pattern is for their ex-partner; what a normal day/week/month looks like.  They also know what social media that are involved which makes it easier to access the information about them.  Therefore, following a separation, a client should consider changing their security questions on their devices (including computer phone/ smart watches and other devices), email and apps, changing passwords changing security settings to protect themselves.

8. The presentation gave examples of Cyberstalking and examples of people being victim to it. We have legislation in NSW and Australia that includes Cyberstalking as an offence, a form of coercive control/domestic abuse. I have shared a helpful link below.  One of the issues with Cyberstalking is that the person does not often know that they are being stalked until after the level of stalking has become extreme or people are placed in danger. The statistics show that 66 per cent of women and 41 per cent of men are being stalked by a current or former intimate partner 1 in 4 are being stalked via use of technology, such as email or instant text messaging; and 10 per cent are being monitored with GPS and 8 per cent through video, digital cameras or listening devices. (The Stalking Resource Centre).

9. Aeroplane mode is your best friend. If there is a risk or concern that a phone has been hacked and someone is listening in or monitoring important conversations, then during those conversations the client should put their mobile phone on Aeroplane mode to prevent it.  Turning your phone off is not enough as location can still be shared as the phone is still working whilst the phone is switched off.

10. People need to careful of the ‘Internet of things’ IOT products that can be accessed and used, for example Steven gave an example of an American AI vacuum company that was sued and the image went viral, because someone was able to access and take a photo of a woman going to the toilet through the camera connected to the vacuum (How awful for that woman!).  At the time, parties were not aware what when signing the contract, it is basically giving the company access to cameras that can capture the whole inside of a person’s house (and at a live stream). There was a tightening of the security by the company in response to this, but people need to be aware when using IOT products about what they are allowing.

11. Other types of IOT products could include for example, smart fridges, smart watches, pet feeders, doorbells, CCTVs, where the devices have access to cameras and all of your information that can potentially be accessed and hacked.

12. People need to be careful of Apple AirTags and tiles that can be used to track people. Steven gave an example of sheridaniellis TikTok where she warns people of AirTags/tiles being dropped in your handbag and an offender then using the tag/ tile to follow the person to their location, and can put the person at risk of a break-in, following you home and at risk of sexual assault. This was very frightening and this needs to be shared.

13. Almost everyone uses Google maps, Google maps can be used as a means to track someone. Clients should be going into the settings and make sure that their location is not being set as being shared with anyone.  The settings can be changed by someone who has accessed your phone.  Devices with GPS can also be hacked to follow someone’s location too.

14. If you are the owner of the phone that your spouse is using, then you are likely to have access to information and therefore clients should avoid using that a phone that was purchased by their ex-partner and see whether they can receive a donation one.

15. Clients should also make sure that there is no spyware or spouseware has been installed on their phone or computer or devices.  Those spyware can access the whole phone including personal information, call histories, email, photos and videos and everything we store on our phones.

16. You can buy Anti spyware/ spyware remover software and Apps that detect Trackers and those Apps can detect whether there is any electronic monitoring device, within so many meters of yourself. Some of those include: Tracker Detect, Tile App, and or Crowd GPS Scanner.

17. Other issues that were risen included:

a. The fact that there is AI technology where people have the ability to use someone else’s voice. This can be misused and there is suggestions of ways to protect your voice from being misused.

b. Other AI technologies include Filter technologies/ Deep Fake technology where people are using AI to manipulate photographs, images and videos to be used to manipulate evidence.

c. There is also technology that parties can use to alter text messages, and therefore clients need to be careful when considering any potential evidence that is provided in cases.

We just need to be aware of this for considering evidence in cases, especially in Family Law and Domestic abuse cases.

I would like to thank Steven Bradley and Our Family Wizard for the invaluable webinar.

Our Family Wizard is a communication platform used to assist parties to effectively co-parent with each other and improve their ability to communication.  We have a number of clients that use Our Family Wizard to communicate with their ex-partner about parenting issues. Our Family Wizard’s web and mobile applications offer parents living separately an array of tools to easily track parenting time, share important family information, manage expenses and create an accurate, clear log of co-parenting communication. I particularly like their ‘tone meter’ which will measure the tone of the message and prompt the parent to check the tone of a draft message before it has been sent.

If you would like to know more about the Laws that deal with Cyberstalking, see the attached link about Cyberstalking through the Australian Government Esafety commissioner. If you are in danger, contact the Police on 000.  If you are seeking support for Domestic Abuse contact 1800 RESPECT or 1800 737 732.

If you have found this article helpful and would like further information on these topics, please do not hesitate to contact our team at Solari and Stock Solicitors in Miranda. Our experienced Family Law Solicitors include Riccarda Stock, Nicole Quirk, Shweta Kumar, Nikita Ward and Kirstin Attard; and one of Family Law Team will be able to assist you in relation to your matter.

Article by Nicole Quirk
Image created in Canva

For the tips to discuss with your clients click here to open the PDF.
For information on Coercive Control and the law from the NSW Government website click here
To be taken to the Cyberstalking link through the Australian Government Esafety commissioner click here