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But they have also been used to spy on people in shocking ways. 114 Absolute Software, "Recovery Statistics," recoverystatistics. Kelly, in addition to co-owning Aaron's franchise stores, created PC Rental Agent. Currently, webcams can be remotely activated by govern- ments, businesses, or hobbyist hackers known as "ratters," each with a distinct set of goals, but all of whom commit egregious invasions of privacy through remote activation. 115 See Comment of Timothy Kelly (Designer Ware) on Proposed Consent Agreement In the Matter of Designer Ware, LLC, FTC File No.

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Strong legal prohibitions are needed to prevent invasions of privacy by remote webcam activation. , the rent-to-own store - compare generally Testimony of Timothy Kelly, Byrd v. Both of these practices have led to egregious privacy violations of innocent people. Yet because of a minimum damages requirement in the federal Computer Fraud and Abuse Act and outdated language in the Electronic Communications Privacy Act, victims of webcam spying have little recourse under federal law. At a security conference, researchers revealed that they were able to compromise the computers of thou- sands of users of remote access tools who neglected to set up password protection. Technology allowing the remote activation of webcams raises important law and policy issues. While there have been successful prosecutions of prominent ratters, there is no law specifically addressing the problem of remote webcam activation.

Each of these situations demands action to prevent invasions of privacy through remote webcam activation.

Given its questionable effectiveness and high level of intrusiveness, remotely activating webcams should be clearly prohibited as a law enforcement investigative technique, and the rules of criminal procedure should not be mod- VVg DGCCI Str Ong GT l3WS ified to encourage its uses. ^ ^ ^ our right to privacy as we remote webcam activation, as its supposed ^ benefits for theft prevention and recovery do HTl OVe for Ward iflt O tho not justify the flagrant violations of privacy interconnected ase.

Private businesses fegulatl'on S t O pf Ote Ct should similarly be banned from employing • i i i , . that inevitably occur when the technology is activated.

Shockingly, people who have their webcams surreptitiously activated and were spied on have been held to have no recourse under the federal unauthorized access and wiretap laws.

Taking advantage of cheap and user-friendly remote access software available in the murkier corners of the internet, individual "ratters" are able to take control of victims' computers and remotely activate their webcams.

In one prominent case, a school district cap- tured tens of thousands of digital pictures of unsuspecting students.