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In 2009, when Susan Clements-Jeffrey purchased a used laptop from a student at the high school where she substitute taught, chances are she didn’t expect that the transaction would conclude with local police in her living room, laughing at her and calling her "stupid" while showing her explicit pictures of herself taken from her computer.Later, at the police station, according to court documents, the abuse continued, with the men now calling her disgusting while reading from her private instant message chats.In the last category, few statutes have more potential than the ECPA. Patrick Leahy noted in 2013 was "no longer suited" to contemporary threats—courts have turned to a technologically unwieldy metaphor of "flight" to determine which interceptions occur “contemporaneously” with a message’s transmission and thus are covered by the statute.ECPA was passed in 1986 as an amendment to the federal Wiretap Act, and, among other things, generally forbids the interception of electronic communications without the consent of a party to that communication. This definitional jig has meant webcam hacking victims are uncovered, with courts reluctant to take the sensible step of including webcam RAT spying under the act’s auspices.The federal government should clarify the definition of “interception” under Title I of the Electronic Communications Privacy Act (ECPA) and reconsider the damages requirement for private claims in the Computer Fraud and Abuse Act (CFAA) in light of the often non-economic nature of privacy harms.A victim’s suffering is often not financial but emotional.School districts have used RATs to spy on students in their bedrooms; rent-to-own computer stores have secretly watched their customers.
The intrusion, he told the The Byrds sued a number of parties associated with the incident, including the store and the manufacturer of the trojan. The same judge expressed skepticism that the messages and screenshots could have been “intercepted,” either, but still allowed debate of the issue in the case.
Amending the CFAA’s damages requirement to take into account the type of harms suffered by ratting victims would offer more people the ability to gain relief under the act’s provisions.
Ratting also raises constitutional and judicial process concerns, relating both to public access to democracy and to the strict warrant requirements regarding searches by the government of private individuals.
In 2010, the Byrds purchased a computer from Colorado Aaron’s, Inc. According to the suit, the store installed a brand-name RAT on the couple’s computer without telling them.
Employees then used the software to take webcam photographs, log messages, and capture screenshots, wrongly thinking the couple was behind on payments.