Michigan man learns the hard way that “catch a cheater” spyware apps aren’t legal

In the early 2000s, Bryan Fleming was instrumental in the creation of pcTattletale, a monitoring software designed to track phone and computer activities. This application recorded every action on the target device, with footage uploaded to a server for subscribers to access. While initially marketed for lawful purposes—such as parental oversight or employee monitoring—it has since garnered a reputation for misuse. Fleming’s software was advertised on its website as a tool that could help parents protect their children from potential dangers and assist businesses in tracking productivity. However, the darker side of pcTattletale emerged when it began to be promoted as a means to catch unfaithful partners without their consent. Recently, nearly 25 years after its launch, Fleming pled guilty in federal court, acknowledging his role in developing and marketing software intended for spying on adults without their knowledge. The shift in pcTattletale’s branding to include spying on romantic partners raises questions about its ethical use. Although it’s uncertain when this change occurred, Fleming took sole control of the software after his original partner departed in 2011. Reports surfaced in 2021 indicating that pcTattletale had been leaking sensitive data, further complicating the legal and ethical implications of its use. Marketing materials highlighted methods for users to access their partner's phones discreetly, advising them to do so while their spouse was asleep, and provided tips on concealing the application’s presence on the device. This case serves as a stark reminder of the legal ramifications associated with surveillance technology, particularly when it crosses the line into invasion of privacy.