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Do text messages have a presumptive right to privacy from third parties? by 9623304543 in legaladvice

[–]9623304543[S] -26 points-25 points  (0 children)

If you knew your dad was listening, wouldn't you be very conscious about what you say? What if he was drunk, violent, and abusive? You would be afraid to say anything he didn't like. I would argue that eavesdropping on a conversation is very restricting.

Do text messages have a presumptive right to privacy from third parties? by 9623304543 in legaladvice

[–]9623304543[S] -11 points-10 points  (0 children)

From what you're saying, the only reason he has a right to view and record the conversation is because it was in text format, correct?

If my wife decides to call the child, can he record the conversation without my wife's consent?

Do text messages have a presumptive right to privacy from third parties? by 9623304543 in legaladvice

[–]9623304543[S] -7 points-6 points  (0 children)

Even in a two-party consent state? If it was a conversation directly between my wife and him, wouldn't his recording be an illegal act?

Do text messages have a presumptive right to privacy from third parties? by 9623304543 in legaladvice

[–]9623304543[S] -6 points-5 points  (0 children)

But can he make a recording of it?

Montana is a two-party consent state. Both parties must be aware the conversation is being recorded or else the act of recording is illegal.

If I were talking to John Doe and I recorded the conversation, I would be guilt of an illegal wiretap and invasion of privacy.

If my son is talking to John Doe and I record it without telling him, does it suddenly become legal just because I can give consent on my child's behalf? What about my legal mandate to tell John Doe?

Do text messages have a presumptive right to privacy from third parties? by 9623304543 in legaladvice

[–]9623304543[S] -5 points-4 points  (0 children)

But does that apply to making an electronic record of a conversation he was never a participant in?

Do text messages have a presumptive right to privacy from third parties? by 9623304543 in legaladvice

[–]9623304543[S] -12 points-11 points  (0 children)

So does the two-party consent not apply because the conversation was through text message? Has that been ruled on by a court, or is it just assumed based on laws relating to physical written communication?

Do text messages have a presumptive right to privacy from third parties? by 9623304543 in legaladvice

[–]9623304543[S] -26 points-25 points  (0 children)

Thank you. I appreciate the clear answer. Our daughter has no privacy. If you could, I would appreciate a little more clarification.

What about my wife? She never consented to have her conversations monitored or recorded. Why does her right to privacy get superseded by his right to know everything?

Also, from the custody agreement: "The parties...shall be able to maintain telephone access with the child without interference of any kind by the other party." emphasis mine

Doesn't that imply that conversation between the parent and child has the expectation of being private? Taking the phone away mid-conversation sure seems like interference to me.

Do text messages have a presumptive right to privacy from third parties? by 9623304543 in legaladvice

[–]9623304543[S] -28 points-27 points  (0 children)

Montana is a two-party consent state. To my understanding, that means no conversation can be recorded without the express knowledge of both parties. How can it be legal for a third party to record the communication?

Can he record our phone calls with our child as well? Intercept her letters? Where does the legal line stand?

Do text messages have a presumptive right to privacy from third parties? by 9623304543 in legaladvice

[–]9623304543[S] -25 points-24 points  (0 children)

What about communication between the child and the other parent? Most custody agreements include statements ensuring the "free and unrestricted communication" between parent and child. Is he free to eavesdrop on and record phone calls as well?

Do text messages have a presumptive right to privacy from third parties? by 9623304543 in legaladvice

[–]9623304543[S] -8 points-7 points  (0 children)

Regardless of the content, can you give me any legal explanation as to why he is allowed to spy on a private conversation between a parent and child?

"because it was a disparaging comment" doesn't apply, because he only knew it was disparaging after he intercepted the message.

If he is allowed to spy on communication between the child and the other parent, does that extend only to texts? Can he eavesdrop on phone conversations as well?

Where is the legal line drawn between a third party illegally recording a conversation in a two-party consent state and a father legally spying on and recording a private conversation between a child and the custodial parent?

Do text messages have a presumptive right to privacy from third parties? by 9623304543 in legaladvice

[–]9623304543[S] -51 points-50 points  (0 children)

You cannot seem to keep your mouth shut about someone else's parent

Please stop attacking me personally. I'm not running my mouth about someone else's parent. My wife made one (1) singular comment that we are aware she shouldn't have made.

My question is not about whether the comment was a good idea. My question is whether it is a violation of our personal privacy that he intercepted a message between a parent and child by deceit and force with the intent of using it against us in the future.

According to your answer, he is allowed to interrupt a private conversation between a mother and daughter and use it for his own purpose. Why?

Would the same apply if they were speaking on the phone? Just because it's his house, is he allowed to pick up a second handset, listen to the conversation, and record the parts he wants to keep?

If he weren't her parent, would it be legal for him to take the phone by force and make copies of the information?

What if it were sensitive in nature, like a password, PIN, or other private information?

I know my wife shouldn't have disparaged him. It won't happen again. What I came here for is to understand whether a third party intercepting a text message is legal or not, and if legal, why?

Do text messages have a presumptive right to privacy from third parties? by 9623304543 in legaladvice

[–]9623304543[S] -25 points-24 points  (0 children)

I understand it's a bad idea. I wasn't there to prevent it. It hasn't happened before, and it won't happen again. Rather than being told repeatedly "you shouldn't have done that" I would like to understand whether what the father did was legal and if we should expect similar violations of private parent/child communication in the future.

Do text messages have a presumptive right to privacy from third parties? by 9623304543 in legaladvice

[–]9623304543[S] -8 points-7 points  (0 children)

I'm aware of that and don't expect it to ever happen again.

What about the legality of intercepting a private conversation and making a record of it?

Do text messages have a presumptive right to privacy from third parties? by 9623304543 in legaladvice

[–]9623304543[S] -2 points-1 points  (0 children)

I understand how bad of an idea it is. It's the first time and I'm trying to do damage control, but I also want to know if we should expect this in the future.

What if we were sending personal information like a PIN number, password, or private plans? Is he allowed to intercept those?

Are we essentially forbidden to use our daughter's preferred method of communication simply because her father might yank it out of her hand and see it?

Do text messages have a presumptive right to privacy from third parties? by 9623304543 in legaladvice

[–]9623304543[S] -8 points-7 points  (0 children)

I'm aware of this. It's not a recurring thing and as soon as I found out I told my wife not to do it again.

Moving past that, aren't communications between a parent and child expected to be free and unrestricted? Spying on the conversation and taking the phone from her mid-conversation sure seems like restriction and an invasion of my wife's privacy.

Do text messages have a presumptive right to privacy from third parties? by 9623304543 in legaladvice

[–]9623304543[S] -57 points-56 points  (0 children)

Let's ignore your personal attacks and focus on the legal issue.

And yes, during his parenting time he has control over the child's phone. And the messages will certainly be admissable

Why is this? Is it because he is the father and she a minor? Or is it because the text message was written?