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Spy-er Beware

9.3.21 | by Lance Fogarty

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Key Takeaways

• Risks and Legal Implications of Using Spyware: Installing spyware on your children’s or significant other’s phone poses significant privacy risks and legal issues. The FTC’s ban on SpyFone highlights the dangers of exposing personal data to unknown threats and emphasizes that monitoring another individual’s device can lead to severe consequences, including criminal liability, especially if done without proper consent.
• Potential Collateral Damage and Ethical Concerns: Using spyware can have unintended negative impacts, such as compromising the privacy of others in your children’s or significant other’s network. It also brings a third party into your privacy circle, potentially exposing your personal data. In cases of separation or divorce, spying can adversely affect legal proceedings and violate privacy laws, particularly in two-party consent states.

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The FTC bans their first cellphone spyware company, SpyFone (a.k.a. SpyPhone), from “operating, promoting, selling, or advertising” its software and services as stated in the following article on TechCrunch, FTC bans spyware maker SpyFone, and orders it to notify hacked victims. Be cautious when adding spyware on your children’s or significant other’s cellphone. There are potential consequences when recording or monitoring another individual’s device.

Beware, while at first glance, adding spyware to your children’s cellphone may seem like a good idea, however, there are some things to contemplate. Does the spyware upload your children’s data to a central or cloud server potentially exposing your child to unknown threats? What about the other children with which they share information, communications, and photos? Do their parents’ consent to you having their children’s information?

Beware, there could be collateral damage when spying on your significant other. Much like the issues mentioned above when using cellphone spyware, you are potentially exposing, not only their information, but also yours to these same unknown threats. You are bringing a third party into your privacy circle and sending personal data outside your control.

Beware, once you are separated or divorcing, the rules can and do rapidly change. If you made the decision to spy on your significant other, you should for your own benefit immediately notify your attorney or at a minimum cease and desist all spying activities. For some specific legal information, read the posts, Beware: Spying & Tracking and Cell Phones, Mail, Computers, Spying on your Spouse, and Privacy Rights in a Spring, Texas Divorce. You could experience detrimental impacts in your divorce proceedings and even worse be exposed to criminal liability.

Beware, while Texas is a one-party consent State, some are not, and laws are constantly changing. If you monitor the communications of a resident from a two-party State without their consent, you are violating State and Federal laws. The stricter of the two State laws are normally applicable.

If you are interested in delving more into this complex topic, ask us about the family law CLE that includes this subject.