If snooping on a spouse's email (or Facebook, or any other) account, to
which one does not have 'agreed' access, is a crime, then I wonder if the
recovery of unencrypted chat messages and other digital content stored
incidentally by software applications on a computer drive, by (freely
available) computer forensic software, is a crime also?

In my own experience, truly deleting digital information can be quite
surprisingly hard.  We tend to think, sometimes, that the only records are
the ones you can easily find or are properly stored as authentic and
reliable records, sometimes forgetting that the 'deleted' digital detritus
left scattered across the drives can provide the best evidence of something,
including the 'smoking gun'.

Andrew Warland
(Sydney, Australia)

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