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There are counter-intuitive interpretations of aging electronic privacy statute passed before webcams were invented and a federal hacking law that offers a private individual the right to sue but imposes requirements on this right that exclude most victims of ratters. law and policy, though, can meaningfully improve the status quo and ensure that the public is protected.In the case of the government’s use of RATs against the public, the process is comically and characteristically opaque. As one of the authors of a recent policy paper reviewing the legal, technological, and policy issues surrounding RATs, I've given a lot of thought to the problem and how we can fix it.School districts have used RATs to spy on students in their bedrooms; rent-to-own computer stores have secretly watched their customers.Online, at places like Hack Forums.net, individuals, often men, trade and sell access to strangers' computers, often women, gained via RAT.
The Department of Justice, for its part, expended considerable effort in 2014 making vague arguments in support of expansions in Federal Bureau of Investigation ability to use malware, like RATs, for domestic law enforcement.The litigation is still underway, but for now, the court's unwillingness to treat webcam snooping as protected under ECPA is a troubling but easily correctable deficiency in the law.