Legal Question in Technology Law in California

Re: Is the use of ''spy software'' legal?

Depends upon what the "spy software" actually does, and perhaps what the user does with any information gathered, or the user's intent.

Most so-called spy software can't do more than scan public records and data bases containing other non-confidential information. If this were not so, the persons maintaining the searchable data files would have a serious confidentiality-protection problem on their hands.

If the software is in fact (rather than in the sales literature of the purveyor) able to open files and search data bases that contain secret or confidential information, its use would probably violate personal privacy rights (a tort) and might also be criminal hacking.

Further, even the gathering and use of certain public records may be unlawful if done for an improper purpose (stalking, harassment, public embarrassment, interfering with contractual relations, and other names come to mind).

Finally, remember that the occupation of "private investigator" requires a license, and some use of spy software may violate the licensing laws.