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CEO of Spyware Maker Arrested For Enabling Stalkers

An anonymous reader writes: U.S. authorities have arrested and indicted the CEO of a mobile software company for selling spyware that enables "stalkers and domestic abusers." The U.S. Department of Justice accuses the man of promoting and selling software that can "monitor calls, texts, videos and other communications on mobile phones without detection." The agency pointed out this is the first criminal case based on mobile spyware, and promised to aggressively pursue makers of similar software in the future. Here's the legal filing (PDF). The FBI, with approval from a District Court, has disabled the website hosting the software.

"The indictment alleges that StealthGenie's capabilities included the following: it recorded all incoming/outgoing voice calls; it intercepted calls on the phone to be monitored while they take place; it allowed the purchaser to call the phone and activate it at any time to monitor all surrounding conversations within a 15-foot radius; and it allowed the purchaser to monitor the user's incoming and outgoing e-mail messages and SMS messages, incoming voicemail messages, address book, calendar, photographs, and videos. All of these functions were enabled without the knowledge of the user of the phone."

20 of 195 comments (clear)

  1. But its perfectly Ok for the NSA by Anonymous Coward · · Score: 5, Insightful

    Double standards... gotta love'em

  2. Can't let anybody but the NSA have the GOOD toys.. by He+Who+Has+No+Name · · Score: 5, Funny

    It's not an arrest for enabling stalking. It's an arrest for enabling *unapproved* stalking.

  3. Sounds great... by mythosaz · · Score: 3, Interesting

    ...is there a link to this useful software?

    I'd love to be able to do all those things on my phone.

    I already record all of my calls.

    1. Re:Sounds great... by vomitology · · Score: 5, Informative

      Depends on where they are. In many states, it's legal as long as one party is aware the call is being recorded.

      --
      ~Knowledge is knowing that a tomato is a fruit, but Wisdom is knowing not to put it in a fruit salad.
  4. Oh Geeez by jmd · · Score: 3, Informative

    Can't we find something better of DoJ to do. Start with bankers please.

    1. Re:Oh Geeez by jmd · · Score: 3, Informative

      No, not at all jealous. But, I am pissed because many bankers have been fradulent and not prosecuted. And at age 59 my retirement and retirement saving are a full 1/3 less now and this is directly related to the financial crisis of 2007-08.

  5. Not sure about this. by Dan+East · · Score: 5, Insightful

    I'm not sure about this legally. The software does not infect devices, nor does it get installed through deception. It is purchased and installed by someone who has access to the device. The person who installed the software without the owner's permission (assuming that person doesn't own the phone in the first place) would be responsible for any illegal actions. An analogy is trying to bring a lawsuit against a company that produces baby monitors, because someone put a baby monitor in someone else's home without permission or notification in order to stalk them. There are legitimate uses for the software, for example a parent wanting to monitor their minor child's use of the phone. Or I might would put it on my own phone in case my phone is stolen or lost.

    --
    Better known as 318230.
    1. Re:Not sure about this. by gandhi_2 · · Score: 4, Insightful

      performance cars are marketed in ways that make it clear that they are intending for them to be driven in excess of posted speed limits.
      closed circuit course. professional driver. unreadable text

      arresting someone because they produce a product that can be used illegally? first off, "they" get to make anything illegal even if they don't technically have the power. then they will interpret the laws however they want. and now, prosecute people who even enable the breaking of arbitrary laws. gun, alcohol, car, knife, baseball bat, and spray paint makers should worry about the implications.

      in fact, electronics tinkerers, makers of kits like arduinos, 3d printers, and about a billion other groups should be concerned with governments who grant themselves infinite power. "stalkers"... so like pedophiles and terrorists, a group we can invoke whenever we wanna get shit done.

    2. Re:Not sure about this. by rmdingler · · Score: 3, Interesting
      Yes. Which is why the clerks in a head shop are careful to explain the pipes and bongs are for tobacco use only, and the customers are urged to play along.

      If the defendants advertised carefully, they may have a legal leg to stand on.

      When you are offering for sale a product or service that could be operated adjunct to a criminal offense, you'd be wise to do the CYA in triplicate.

      --
      Happiness in intelligent people is the rarest thing I know.

      Ernest Hemingway

    3. Re:Not sure about this. by N_Piper · · Score: 4, Interesting

      To me the first thing this case really hinges on is Jurisdiction and Venue, this is a Pakistani citizen living in Pakistan running a company in Pakistan.
      The DOJ is basing their claim of American on this is the Amazon Cloud based webpage selling this stuff.
      In reality this is a Publicity stunt through and through.

  6. NPR covered this topic recently by SpzToid · · Score: 3, Informative
    --
    You can't be ahead of the curve, if you're stuck in a loop.
  7. Re:Cue the TLA jokes... by msauve · · Score: 4, Insightful
    NSA? Heck...

    it recorded all incoming/outgoing voice calls; it intercepted calls on the phone to be monitored while they take place; it allowed the purchaser to call the phone and activate it at any time to monitor all surrounding conversations within a 15-foot radius; and it allowed the purchaser to monitor the user's incoming and outgoing e-mail messages and SMS messages, incoming voicemail messages, address book, calendar, photographs, and videos. All of these functions were enabled without the knowledge of the user of the phone.

    Name any government law enforcement agency which would have even a moment's hesitation before using that.

    The company's only issue was a failure of marketing - they were trying to sell it to the wrong audience.

    --
    "National Security is the chief cause of national insecurity." - Celine's First Law
  8. Obvious answer by fyngyrz · · Score: 5, Insightful

    That'd be the American public you're asking about.

    When congress decided to shove the PATRIOT act up everyone's colon, lubricated only by a healthy dose of TSA, all the American public did was enquire how far they should bend over. They're still bent over. The majority likes it that way. Because fear. Unreasonable, agit-prop and ignorance based fear.

    --
    I've fallen off your lawn, and I can't get up.
  9. Re:Cue the TLA jokes... by houstonbofh · · Score: 5, Insightful

    The company's only issue was a failure of marketing - they were trying to sell it to the wrong audience.

    Or just that the government hates competition.

  10. Re:Can't let anybody but the NSA have the GOOD toy by sumdumass · · Score: 3, Informative

    Why don't you think of the children.

    Seriously, this should have been marketed as a way to keep tabs on your precious little gem. There are already products out there that do similar functionality like nanny cams, locator watches and so on.

  11. Re:Can't let anybody but the NSA have the GOOD toy by houstonbofh · · Score: 5, Insightful

    What kind of idiot would approve of someone stalking them?

    Voters.

  12. Re:Case on Shaky Ground by irq-1 · · Score: 3, Informative

    You could argue that there are several legitmate uses for the software. ... How is this software marketed? Is it strictly to stalkers? I kind of doubt it. It's just a technology that can be used for nefarious purposes.

    Kim Dotcom and Megaupload made it clear that having a lawful, substantial use is not a defense. Not for todays Department of Justice.

    It is hard to see how they FBI can prove their case.

    Why would they need to? Threaten 35 years under the CFAA and plea bargain them.

    It's the law of the jungle for software and the internet -- don't be small or slow or you might become prey.

  13. Re: feminists controll the law! by kelemvor4 · · Score: 3, Insightful

    No one is saying that. We are saying that there is commericial software that is basicly an invitation for abuse, that for a couple bucks lets anyone play NSA, law enforcement at their most depraved and stalk, harrass and intimidate people by hi-jacking their devices. somehow its about feminism. are you fucking daft?

    Next we should go after Apple and Microsoft. It's well established that 98.28% of all electronic stalkers, harassers, and domestic abusers used either Windows or osx to do it.

    What the fuck is wrong with the world that the seller of a tool can be arrested because some customer chooses to use it for nefarious purposes. I sure hope people don't start using cars to commit crimes because I like having a car. Oh wait...

  14. Offensive by sycodon · · Score: 5, Insightful

    There is something offensive about saying these kinds of activities are perfectly fine for representatives of the State, yet illegal for the citizens of the State.

    --
    When Fascism comes to America, it will call itself Anti-Fascism, and tell you to give up your guns.
  15. Re:But... the children!? by Anonymous Coward · · Score: 5, Interesting

    As an IT tech who has been REQUESTED to install this software on clients' childrens' devices the summary seems to leave out one vital fact: It does need Administrative rights to install in the first place. That means access to the iTunes account and/or administrator access on Android. This typically will mean physical access to the device in the first place. It *IS* marketed to paranoid parents and bosses for monitoring children/employees. So unless your stalker is STEALING your phone to install it, you only have to worry about family members..