In a blog I wrote four years ago titled “I can spy on your mobile and read
your SMS”, I highlighted the fast growing mobile spyware product market
producing stalker apps which monitor a victims’ phone calls, text messages,
videos, emails and other communications "without detection" when installed
on a target's phone. These apps were advertised as solutions to keep track of
cheating spouses and to monitor the online activities of children. Obviously,
there are a variety of nefarious ways stalkers, domestic abusers,
cybercriminals, private detectives, and inquisitive colleagues can use the app
for; such as corporate espionage, snooping on the private lives, and monitoring
employees – all without the victims’ knowledge.
Use of these apps violates laws which mandate that any surveillance on individuals
has to be done with a court approval and by law enforcement. Over the last four years, these applications have
become even more sophisticated with features that send alerts when a mobile
phone crosses a certain geographic boundaries, records and forwards incoming
and outgoing calls, forwards messages based on keyword triggers and even allows
remote activation of the app in order to monitor all surrounding conversations
within a 15-foot radius. These apps are available for all versions of mobile
operating systems and messaging application such as SMS, WhatsApp and Email.
The very fact that there are atleast four companies subsisting through online
sales indicates that there is a thriving market place for these apps.
In what is a first, a US District court has arrested the founder of one such company and charged
him with conspiracy, sale of a surreptitious interception device, advertisement
of a known interception device and advertising a device as a surreptitious
interception device.
While this is in itself is a positive development, much more activism is
required from the judiciary and law enforcement to take cognizance of the many
ways individual privacy can be compromised online using surreptitious devices
or by misusing personal information without consent.
These apps could be helpful for defence lawyers in genuine cases of innocent plaintiffs (well, only when thr victim doesn't know). However, once the victim is aware that their privacy has been compromised, are there any definite steps to determine and prove that the app is installed on their device, and people accessing all the data?
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