Warning: Remote Spy Software Prosecutions

If you use remote spy software to spy on someone, you may be committing a federal felony.

Federal criminal law forbids, among other things, accessing someone else's computer without permission or "intercepting" (reading) someone else's messages.

There are commercial programs available online that allow you to secretly install software on someone else's computer and receive reports of the person's emails, chat sessions, passwords, keystroke logs, and so forth.

The FBI recently arrested the creator of one such program, Loverspy, for violating federal computer crime laws. It then began prosecuting the people who had used the program. They had, of course, had no warning that what they were doing by using this software was illegal, and had no evil intent. Some of them will wind up with felony convictions, and some will land in prison.

It appears that there are other programs available to do the same thing. I'm posting this warning as a public service to others who might be tempted to use it.

Before you use such software, you will want to get an expert opinion from a federal criminal defense lawyer on whether the specific program violates federal law. Likewise, if you are marketing such software, you should make sure it passes muster under the sometimes-complicated federal computer crimes laws. If you have used or are using such software, you will be best off having competent counsel before the FBI comes knocking on your door.

Mark Bennett