Before You Go Through His Phone, You Should Know What The Law Says About It

First Up: Going Through His Phone, Without His Permission, Is Actually Illegal

That, umm, presentation is from feistyaquarius on TikTok. Although there were a few times when I was like, “Girl, what?” as I was watching it, I can’t really say that I was shocked overall because there are TONS (I’m not exaggerating either) of other social media posts that are very similar to it. It’s like people have made a science out of coming up with ways of going through someone’s phone without them knowing. And here’s the thing about that — it is actually illegal.

According to a law firm’s website that I checked out on the topic, “The Electronic Communications Privacy Act (ECPA) is a federal law that makes it a crime to access someone else’s private communications without permission. It covers cell phones, computer use, email, social media accounts, and other types of electronic communications.”

The act itself, you can read more about here, here, and here; however, as it relates to the day-to-day things of everyday relationships, that act is relevant in the sense that it doesn’t matter if you are dating someone, engaged or even married to them, if you are going through their phone (or texts or emails) without their knowledge and consent, you are not only invading their privacy, you are breaking the law.

Adding to that, if you go through a device that is password protected without their permission, that is considered to be a form of illegal spying.

And here’s the thing: whether you’re keylogging (using software to track what someone is doing on their computer), using spyware to monitor someone’s phone activity, you’ve put a GPS tracking device on their phone or even downloaded an app that keeps up with what they are doing on social media, based on where you live and what you end up doing with the information after getting it, if you get reported or caught, the consequences could be anything from a fine to actual jail time. And what if you’re doing this to see if your spouse is cheating on you?

From what I’ve read and researched there, that’s not gonna be very helpful for you either because many judges will see you as being controlling and/or intrusive and/or problematic. Plus, since many divorces can be entered in as a “no-fault” one, proof of infidelity won’t benefit you much anyway.

So basically, while you’re out here listening to TikTok detectives and their literal phone hack tips, I don’t even know if they’re aware that they’re encouraging you to low-key break the law — and possibly ruin your relationship in the process.

Strictly from the relationship standpoint, here’s why I say that…

Going Through Your Partner’s Phone Is a Sign of Distrust (and Disrespect)

Personally, I never have been the kind of person who likes to snoop around people’s things. One reason is because I lived with a parent who moved that way (reading my diary and journals and everything). Another is because…I just think it’s disrespectful as hell. I mean, even when a friend’s phone rings or a notification goes off, and I’m closer to their phone than they are, and so they ask me to pass it to them, I will turn the face of the phone down and hand it over. Whatever they’ve got going on on their phone is their business.

And when it comes to past relationships, I honestly feel the same way. Just because we are together, it doesn’t mean that my partner doesn’t have their own identity and right to privacy.

Besides, if I feel like I need to know your every move, that means that either I don’t trust you and/or I want to run you on some level —and both of those things are toxic ways to deal with a relationship. And before one of y’all says, “Oh, I trust him, I just don’t trust who may be trying to communicate with him,” — can we please retire that tired saying once and for all?

If you actually trust your partner, other people don’t matter. They have enough self-control and integrity to handle themselves and whatever is transpiring accordingly. In other words, trusting them is all that you need to be concerned about. Period.

Going Through Your Partner’s Phone Is a Sign of Control

Jealousy is a sign of being controlling in a relationship. Constantly “making” someone earn your trust is a sign of being controlling in a relationship. Treating someone like they are guilty until they prove to you that they are innocent is a sign of being controlling in a relationship. Gaslighting someone into violating their own boundaries in order to please you is a sign of being controlling in a relationship.

Pulling accusations and presumptions out of thin air is a sign of being controlling in a relationship. Feeling like you should know any and everything “just because” is a sign of being controlling in a relationship. And when you go through your partner’s phone without them knowing about it, pretty much all of these signs are being manifested in that action — one way or another. And who wants to be around a controlling type of individual?

There is no real-time or space to get into all of the reasons why someone is a controlling person. For now, what I will say is many people move like that because A) it was modeled to them while growing up; B) they have very low self-esteem, so they are insecure, and/or C) they seem to think that they should parent their partner (which is also toxic as hell).

A mental health expert by the name of Robin Skynner once said, “If people can’t control their own emotions, they then have to try to start to control other people’s behavior.” This basically means that controlling people need to control themselves instead of trying to control others — and what that basically boils down to is they need to be alone…until/unless they do.

Going Through Your Partner’s Phone Is a Sign of Hypocrisy

Okay, please tell me that you noticed the part of the TikTok up top when she said that she is gonna go through her man’s phone regardless, “So long as he doesn’t go through my phone.” Umm, you know what that kind of mentality is defined as being, right? It’s sho ‘nuf a hypocrite because a hypocrite is someone who says one thing and then turns around and does something different.

And honestly, when it comes down to it, I’m with playwright Tennessee Williams when he once said, “The only thing worse than a liar is a liar that's also a hypocrite!” because a hypocrite is not only arrogant and delusional enough to hold you to a standard that they don’t hold their own selves to, they also tend to lie to themselves as much as they lie to you in order to justify being that way.

Think about it: how is it that you feel that you have the right to violate someone else’s privacy and yet if the shoe were on the other foot, now it’s a problem? It’s basically because you know that all of it is wrong, and yet you’re okay being a walking contradiction. And anyone who is alright with twisting the truth like that, they aren’t someone who anyone should think is long-term relationship material. I am absolutely not budging on that conclusion, either.

Going Through Your Partner’s Phone Is a Sign of Liking (Potential) Drama

I’ve shared before that a Black series that I heard about late in the game and then binge-watched and enjoyed is Chef Julian. While preparing to pen this, I thought about one of the issues that Julian had with his first love, who he was constantly on and off with (Mo), was that she was a snooper (one example starts at the 7:40 mark of this episode here). She was sneaking around when he wasn’t looking, all the while trying to see what was transpiring via the smartphone that he pays the bill for.

And here’s the thing about that: the fact that she’s lurking like that proves that she knows that she’s totally out of pocket. Yet besides that, say that she does find that he’s liking pics on Instagram (some of y’all really need to relax on that), that he’s talking to women that she doesn’t know, or even that he’s seeing someone else. You snuck around to find out, so…now what? You’re going to go off on him for not being able to trust him, and your evidence of that comes from you doing something that shows that he really shouldn’t trust you, either?

Hmph. Sounds like nothing but the onset of a lot of drama to me — and as an article that I once read on CNBC about dramatic people, three clear signs of being full of drama are they always move with a sense of urgency and they like to focus on negative (or potentially negative) things — oh, and they always want to be in control. Yep, in their own “special” way, dramatic people are control freaks.

So, what are you saying, Shellie? That if I sense something is up that I go into denial mode? No. However, if you can’t simply talk to your partner and/or you’d prefer to be a bootleg Inspector Gadget, that either means that your relationship has a lot more issues than your suspicions OR that you like drama and you’re trying to feed your appetite. Which is it, sis?

Going Through Your Partner’s Phone Is a Relational Red Flag (on Your Part)

In BetterUp’s article from earlier this year, “16 red flags in a relationship to look out for,” some signs that stood out to me included overly controlling behavior; lack of respect or trust; conflict avoidance; lack of emotional intelligence, and an inability to communicate openly. And y’all, if you think about people who sneak into other people’s phones — how are these things not ultimately evident in their actions?

Also, if you want to give me pushback on that, if someone did any of this to you, would you not wonder the same thing about them? Would you not say that they are clear relational red flags? And, if someone were to ignore these kinds of flags, how foolish would they be to 1) stick around and/or 2) act shocked if things didn’t ultimately escalate?

Listen, it really should be enough that going through your partner’s phone without their permission is breaking the law yet, after all of what I said, if you don’t respect or trust them or you would rather sneak around than have a real and frank conversation, one way or another, your relationship is far more unstable and unhealthy than you think — whether they have something going on in their phone or not.

Bottom line, before trying to press your partner’s finger onto their phone while they are sleeping or downloading an app that hacks into their intel, ask yourself how you would feel if they did the same thing to you (BE HONEST) and then really ponder why you think that is the right/wise/smart move in the first place.

Personally, I don’t think any type of violation is a form of love. And as I tried to display here, almost ad nauseam, going through someone’s phone without their permission is a solid example of that.

And what if after reading all of this, you couldn’t care less? I say this in love, but you’ve got more internal red flags going on than you might think — and as a wise person once said, “I think my problem is, I like to see how red the flag can get.”

You wanna know what’s going on? ASK.

You don’t believe them? SHIFT.

Hacking isn’t the answer, though. Legally or otherwise. Ever.

Respect you and them enough to accept that. Fully.

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