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As an example, in September 2001, a Michigan man was charged with installing a commercially available spy software program on the computer of his estranged wife at her separate residence. Without her knowledge, the program sent him regular emails reporting all of her computer activity, including all emails sent and received; all instant messages sent and received; and all Internet sites visited.
It was only thanks to a string of serendipity that the estranged wife, Patricia Brown, was able to realize that her husband was spying on her. It started when the estranged husband began calling and taunting Ms. Brown with information she was convinced he could only get by monitoring her email and computer use. Ms. Brown began researching spy programs and fortuitously called a spy software company.
The company informed her that spy software was essentially impossible to discover because it cloaks itself on the installed PC and looks like a Microsoft Windows system file. It was only when she asked if they had sold a copy of the program to her husband and the representative became evasive that she realized that he had installed the program on her computer.
Even more alarming is the ability of an abuser to install spy software on a victim's computer without ever physically touching the computer. As an example of this new technology, a program can send an electronic greeting, the equivalent of a "thinking-of-you" card, that doubles as a bugging device.
Upon viewing the card, the program automatically downloads a spy software program to the recipient's computer that monitors all computer activity, including keystrokes, email messages, instant messages and Internet sites. An especially sinister aspect of this program is that the information is sent back to a central server, such that the spying party can anonymously retrieve it without leaving any electronic "trail" for law enforcement to follow.
Similar products called Spy Agent and Spy Anywhere also allows someone to remotely take complete control of a computer.
While existing state and Federal laws prohibit unauthorized wiretapping and the installation of computer programs without the user's consent, these laws apply only to the spy software user. In the case of domestic violence, these users have already demonstrated a disregard for the law and the rights of their abused spouses.
The power of spy software to control and discourage inappropriate Internet usage of small children or undesirable computer usage by employees is enhanced if those users are aware that their actions are being monitored.
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