Monday, December 08, 2008

SpyWare Program RemoteSpy "Legally" Goes Back On Sale

A U.S. federal court has ruled that CyberSpy Software can legally sale their RemoteSpy spyware program as long as they change their advertising tactics.

The FTC blocked the sale of RemoteSpy when they were granted a request for an injunction. The injunction claimed CyberSpy marketed RemoteSpy by giving detailed instructions on how to install the program on computers and secretively collect data. The judge in the case lifted the original injunction and granted a new one with new terms. The new injunction bars CyberSpy from suggesting the program can be secretly installed or that keyloggers can be passed on as innocuous programs.

U.S. District Judge Gregory A. Presnell wrote in the latest injunction that "the ability of RemoteSpy to invade the privacy of an unsuspecting victim is, indeed, alarming. And it is to this use that defendants direct their promotional and instructional material."

CyberSpy contends it warns users that monitoring computers without a person's consent is illegal, terms that are also in the software's license agreement. The company also contends RemoteSpy has legal uses, such as monitoring children's or workers Internet browsing.

A trial is scheduled for June 15 in U.S. District Court for the Middle District of Florida in Orlando.

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