Have you ever been tempted to spy on your spouse’s e-mail and instant messaging?  A 2005 Florida appellate court decision discussed the fact that it is illegal to do so in Florida, and may be inadmissible in a civil trial as well. This interesting decision was discussed in the St. Petersburg Bar Association’s February 2009 edition of the Paraclete.  It seems the wife installed spyware on her husband’s computer in order to contemporaneously track his electronic communications.  The trial court in their divorce exercised its discretion and excluded the evidence from the trial proceedings because it had been illegally obtained.  The case also discusses the issue of whether a similar result would occur if the communications had been retrieved from storage rather than at the time there were created. I suppose this is further proof that all things or not fair in love or war has many of us have heard.