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Spyware Maker Indicted on Hacking Charges

Posted by Zonk on from the consider-what-you-code dept.

An anonymous reader writes "The San Diego Union-Tribune is reporting that Carlos Enrique Perez Melara, the author of an investigative tool called 'Lover Spy,' has been indicted on 35 counts of federal hacking violations. This begs the question: if you develop and sell a software product, are you responsible for what your users choose to do with it?" From the article: "Perez, a native of El Salvador, probably is in the Los Angeles area, said Stewart Roberts, the second highest-ranking agent at the San Diego FBI office. Crime Stoppers has offered a $1,000 reward. Perez is charged with 35 crimes, each of which carries a potential five-year prison sentence if he is convicted. "

3 of 233 comments (clear)

  1. Uh, backorifice is not "spyware" by Anonymous Coward · · Score: 5, Informative

    Umm... hm. This isn't "spyware" in the sense people normally mean. These are hacking tools. "Spyware" is a word which is used to refer to software which in addition to its known function covertly transmits information back to the software author. This is nothing of the sort; it's a surveillance tool. It may be immoral or unethical to use this surveillance tool, but that doesn't mean it's a good idea to use words like "spyware". Words have meanings. If you start ignoring the meanings and deciding that if it's bad it can be referred to by the same terminology as any other bad things, language ceases to be useful.

    Anyway, I find it funny that people are being prosecuted for creating tools like this at the exact same time that the government's use of tools like this is on the rise.

    1. Re:Uh, backorifice is not "spyware" by ejito · · Score: 5, Informative

      Yep... It's definitely a tojan. Spyware is usually a program you install and use regularly with (usually stated in the EULA) privacy invasions for marketing purposes.

      This program hides itself as a greeting card program, that you only look at once, and then sets up a spy-app in the background, which is more akin to a trojan horse than normal spyware (such as gatorsoft crapware), especially since it has the ability to launch a webcam.

      It's implicit for what this app is used for, and the creator deserves to get his ass handed to him for selling the product (89 bucks? christ!). Everyone who says he wasn't the one using the app should RTFA. The trojan was installed through a greeting card from email, in otherwords from the merchant himself. He also received the same information his clients got (therefore was using the applications also). Not only that, but he deserves to be charged with spam offenses.

  2. Dislaimer and Intent by zbyte64 · · Score: 5, Informative

    I actually live in san diego and read this article yesterday. If it is the same article, this guy marketed it as a program to spy on your significant other. I think that is where the law gets him. If you distribute some code thats a trojan and slap on, "Educational purposes only, do not use on anyone without their permission, I am not responsible for your actions", then it seems the law is much more lenient. But this guy was marketing it as a tool that u send (like a greeting card) to check on your gf/bf to see if they are cheating.
    No this trial doesn't mean coders are responsible for their users' actions, just responsible for how they say their program should be used
    On a side not, this company started in 2001 - took 4 years for the FBI to notice & catch him. Kind of funny.