Will I go to jail?"
That's not normally a question a technology columnist needs to answer, but when we are talking about spying on people, it becomes germane. Since I'm not a lawyer, I am unable to give specific advice--but I can offer some generalities.
The question we're considering is: "Will I go to jail if I put a keystroke logger on someone else's computer?" In case you're joining us late, you can get up to speed by reading my last two columns, Part One and Part Two, which describe the technology that allows you to capture every keystroke on a victim/user's computer.
I also talk about software that can defeat common keystroke-logging software and how you can tell if someone has installed a piece of logging hardware on your PC.
The answer to the legal question depends on who you eavesdrop on. For example, employers generally have the right to monitor their employees pretty much any way they see fit, including logging their keystrokes, reading their e-mail, going through their desks, you name it. As best I can tell, parents have the same rights--even an obligation, perhaps--where their children are concerned.
But in either case, the potential exists for abusing the rights of people you don't control, like the person your employee/child (which does seem to be how some employers--and parents--seem to look at the relationship) is exchanging instant messages with. And that could become serious.
As an aside, I am reminded of a letter sent by then-Assistant Attorney General Robert Mueller (the new FBI boss) warning federal agencies that if they were going to monitor the keystrokes of hackers who broke into their systems, they needed to post a warning on those systems, just to make sure the hackers knew they might be spied upon while doing their dirty work.
I suppose that is the equivalent of being forced to warn the guy who breaks into your house that you have an alarm, lest the police not be able to arrest him because he didn't know an alarm would go off. Do criminals have all the rights? But I digress...
In the case of monitoring a spouse, particularly in your own home, the law seems vague. So the context in which the monitoring takes place may become important, as well as what you do with the fruits of your espionage. And getting caught is a requirement, which can be very easy or quite unlikely, depending on the particulars of circumstance.
I should perhaps pause a moment here to ask: Why are you spying on your spouse, and will your findings really affect any action you take? Monitoring employees is, in most cases, merely sleazy. Monitoring children is, when necessary, a positive responsibility.
But monitoring a spouse? Gee, if you have to do it, aren't you pretty much in divorce court already? Unless you're in some high-dollar game and going for the gusto--or the children, I suppose--is this really necessary? And doesn't some of the slime rub off on you, too?
If you are thinking about spying on your spouse, I'd see a divorce lawyer first and have your options planned out well in advance. If you just can't help yourself, then at least have the decency not to confront the person with the "evidence," which might just blow up in your face.
Think CIA for a moment. They gather information and always protect the source, just in case they need to use it again. Be a good investigative reporter--never give up your sources. Save the confrontations for the soap operas.
As for spying on someone who isn't related to you by employment, blood, or marriage, I am pretty sure you can go to jail if you're caught. If you're not prosecuted criminally, you can still find yourself in an expensive civil action. Or lose lots of friends when word gets around about what a jerk you are.
In any case, it just doesn't seem like it's worth it. Especially for amateurs.
To wrap up this topic, I want to mention something that is tangentially related: advertising spyware. These are programs that you may not even know you have--like Gator and Comet Cursor--whose primary purpose is to send you advertising, whether you know it or not. I've written about these before, so follow the links if you are interested in more details.
If you'd like to clean this trash off your system, a program called Ad-aware from Lavasoft can rescue you. They have a free version you can download, while the professional version, which includes some additional features, costs US$15. That's a very fair donation to make to the developer of such a useful piece of software.
In summary: Spyware is out there. As are countermeasures. If somebody really wants to spy on you, they can, but you can probably stop the amateurs (and your boss). If you are even thinking of using spyware against someone, especially your employees, talk to your attorney first to avoid trouble later. And think about whether becoming a spying sleazoid is really worth it.
