Pierre Grosdidier in the Texas Bar Journal: Digital Divorce


Data breach claims can arise in family law cases when an estranged spouse accesses his or her soon-to-be ex’s email account or cellphone without the person’s knowledge or consent. The motive is usually to try to expose infidelity or to get a step-up in a divorce or custody proceeding, or both.

Plaintiff’s counsel might be tempted to assert Stored Communications Act, or SCA, (18 U.S.C. §§ 2701–2712) and Computer Fraud and Abuse Act, or CFAA, (18 U.S.C. § 1030) claims in these cases, if only because of the statutes’ general reputation as strong remedies, especially the CFAA.

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