News 4 Investigates: Spy Phones -

News 4 Investigates: Spy Phones

It's scary to think that when your back is turned that someone could download a program to your cell phone that allows them to keep track of all your calls, emails and text messages. The Flexispy software that we tested, also brags that it's capable of turning on the microphone of the targeted cell phone to use it like a hidden microphone and can even allow you to listen to calls as they're being made.

You'll have to pay around $380 dollars for the software version with all of the features.

But if you buy it and use it, keep in mind that you may be breaking the law, and here's why.

1) 2-party-consent electronic eavesdropping laws in Illinois and 10 other states (including important states like California, Florida, Pennsylvania, Massachusetts, and Maryland) prohibit listening to or recording conversations by anyone who is not a party to the conversation.
2) Even 1-party-consent electronic eavesdropping laws, like those in Missouri and most other states, would probably be violated, if a phone that A used to call B were manipulated such that non-parties to the conversation like C could hear it or record it.
3) The federal eavesdropping act, sometimes called Title III, includes some special provisions such as prohibitions on listening or recording, even by a party, when there is a criminal or tortious purpose.
4) The federal Electronic Communications Privacy Act, prohibit interception of so-called "stored communications" which might include email and text messages that have been stored on a cell phone or a service provider's servers.
5) The federal Computer Fraud and Abuse Act, and many state counterparts prohibit unauthorized access to a computer system, or access beyond the scope of one's authorization. The definition of a protected computer might well include modern cell phones.
6) State common law (judge-made) doctrines of the right of privacy protect individuals from intrusions into areas where they have a reasonable expectation of privacy.

If you want to read more about the software, here's the company's website:

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