Electronic Surveillance

 Penalties and new obligations for cyber stalkers are the subject of two bills in the New Jersey Assembly which  have been given renewed interest recently. At present, a stalking victim is entitled to a restraining order limiting contact to the victim from the stalker. Under Assembly Bill A-2143, the contact that the convicted stalker prohibited from making would include e-mails

When does electronic surveillance of another person constitute a violation of the New Jersey Prevention of Domestic Violence Act?  That was the question recently tackled by the Appellate Division in its unpublished decision, Kebea v. David.  The unmarried couple at issue was living together when, one evening, they got into a heated argument and Kebea told David to leave the apartment.  Kebea obtained a Temporary Restraining Order after David returned to the apartment and removed a few items he had purchased.  She ultimately voluntarily dismissed the TRO against David, who then purchased a software program by which he could learn about the contents of her emails to determine if she would lie to him about an ex-boyfriend so that he could end the relationship if he felt necessary.

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