When we talk about cell phone spy devices, one of the most prominent thought that pop up in people’s mind in the issue of spyware legality. How lawful is it to make use of spyware? Most people are anxious to know about the legality of using spyware because law guides our every activity. Without law there would be chaos everywhere. As individuals, we try to keep the laws laid down in our society. Even when we travel to other countries, we do our best to behave ourselves so as not to break any law of our host country.
The matter of law is actually a creation of the workings of the human mind. What constitute a crime or an illegality in one place may actually be lawful in another. Let’s take the issue of marijuana as a case study; while it is illegal in some parts of the United States to be in possession of marijuana, in other states, the law permits individual to not only possess it but also to consume it. Thus, humans determine what is legal and what is illegal based on the need and mindset of a particular set of people living in a particular place.
Back to spyware and the legality of its use. The problem with spyware lies mainly on how the product is utilized. Like every thing produced or created by man, there is always a good and bad side to it. Knives were produced to assist us in cutting things in the kitchen but that has not stopped some people using it as a tool to kill. In such situation, can it be said that knife is an evil creation?
Phone spyware, which like every other man product has got some negative tagging, that does however not remove the fact that it has its positive features. It is wrong to just assume at first sight that spywares are bad products.
How to Use Spyware Legally
Just like the instance with the production of knife, the spyware vending companies cannot be blamed or held responsible for the actions or activities of a few criminally minded persons who may decide to use the spyware in a criminally minded way.
The major legal problem associated with the use of spyware is the breach of privacy when using the software without consent. There is generally law of freedom in most constitutions in the world, and as such to monitor the activities of somebody without his knowledge and consent can easily be regarded as a breach of his freedom which when interpreted in law can be regarded as criminal. Spyware vendor websites normally protect themselves from any possible legalissue with a section dedicated to disclaimer, where they exonerate themselves from any criminal use of the product.
Different countries have their own way of treating such cases depending on their judicial point of view. That is the reason spyware vendors strongly advise anyone intending to purchase the product to consult local lawyers to ascertain the legality of using spyware.
To monitor a phone legally, two conditions must first be met. First, the phone must belong to you directly or indirectly and secondly if the user of the phone is an adult, he or she must be notified of the process.
In reality, there are only two legal ways to use the spy software:
· To monitor your children cell phone activities, both online and offline. Their consent is not important which means you can spy on them without their knowledge if they are still under aged.
· To monitor the cell phones of employees if it’s the company that provided the cell phones. However, they must be notified that they are being monitored
Nonetheless, apart from the two instances where spyware can be legally used, there are some occasions where the use of spyware may be very important and justified. When the use of spyware results in the saving of lives and properties; then the use of spyware can be said to be justified. Spyware can also help individuals, parents, companies and even the government to be proactive.