Massachusetts and the right of privacy in our homes.

According to recent stories on the internet, a drone was used to spy on a woman in her home. Two men were seen flying a drone with a video screen showing a display from a camera on the drone. In other words, using the drone as a high-tech Peeping Tom. If this happened in Massachusetts, the men flying the drone could be sued for invasion of privacy.

Massachusetts has a statute, G.L. c.214, § 1B which provides that individuals in Massachusetts have a right of privacy. This right of privacy is greatest in a persons home. In the recent case of Polay v. McMahon, the court held that in the home, “all details are intimate details.” Even if a person's conduct in their home is observable by the public, the right of privacy may still protect against the use of electronic surveillance. Most people should consider using a drone to spy into a person's home to be a violation of the right of privacy.

Drones pose a real and substantial threat to the right of privacy. Private individuals can purchase drones with cameras and use them to look into high rise apartment buildings, spy through skylights, and hover outside windows to look inside. If private individuals can do this, image what law enforcement can do. Based on this recent case, it appears that Massachusetts residents have protection against Peeping Drones.

A person who is victimized by electronic spying should consult an attorney concerning their rights based on their situation. The right of privacy can be difficult to understand and apply.   

Now that we are divorced, stay away from my Facebook Friends!

Husbands and wives share many aspects of their lives. It is not unusual for them to share their Facebook friends and other social media contacts. The practice of looking at someone's friends or contacts and trying to convert them into your friends or contacts has earned its own nomenclature. The UrbanDictionary calls this practice “Facejacking” (limited to Facebook), “Spacejacking” (limited to MySpace), “fooching”, "mooching," "friend poaching," "friend reaping," or  "friend swiping".

Facejacking does not create problems when the couple is together. Frequently, one spouse encourages the other to do so. However, once the couple split up and get divorced, attitudes change. While the couple may 

remain Facebook friends, it is not acceptable for a former spouse to Facejack the new friends and contacts and reach out to them. The last thing that an ex-husband wants is for his ex-wife to contact his new girlfriend through Facebook. This is especially bad when the girlfriend doesn't expect such a contact. The way to prevent this problem is to anticipate this when drafting the divorce agreement.

A typical divorce agreement has a clause that requires each spouse to respect the privacy of the other. I recommend additional language be added that prohibits Facejacking and the like. An experienced divorce lawyer should be able to draft language that protects both spouses equally from the ex-spouse using Facebook to try to sabotage your new relationship.