Using Webcams and Computer Microphones to Spy

Hackers

The majority of the threat of webcam/microphone spying comes from other users on the Internet. These hackers usually send an email containing an executable file that embeds the snooping software on your computer, or convinces visitors to a website to click on a seemingly harmless link that downloads the file. Many commercially available anti-virus programs will help to guard against these files, but millions of computers do not use such software and are vulnerable to these attacks.

Once on your computer, the file allows the hacker to remotely access various aspects of your system. Traditionally, these only allowed the remote user to access files, treating the victim's computer more like a server. But, these programs have become more and more sophisticated, allowing one to exert greater levels of control over the victim (or “slave”) system. As a result, the hacker can now turn on one's microphone and webcam without alerting the user of the slave system. This basically facilitates the hacker's ability to spy on you without your knowledge, including capturing photos and videos, recording your conversations, and monitoring your use of the computer and keystrokes.

A number of laws exist to prevent such activities or punish the resulting conduct. For example, it is against the law to use information obtained from someone without their knowledge to apply for credit or to use a credit card number to make purchases. Most jurisdictions also have laws against implanting code on someone's computer or other electronic device without their knowledge or consent. However, given the difficulty in tracking these crimes to the individuals who perpetrate them, it is often better for the individual users to take steps to protect themselves from such hacking attacks, like placing something over the webcam when not in use, using an anti-virus program, and not clicking on links in emails or on websites that one does not recognize.

Government

Since the revelation of a number of domestic spying programs, many have been concerned about the possibility of government snooping. While the resources of the government are significantly greater than those of the typical home hacker, the end results are often the same, with webcams, microphones, and keystrokes monitored for information.

Of course, this sort of information gathering is generally an invasion of one's privacy. While some in the government have justified the use of these techniques for national security purposes, there are legitimate concerns about violations of the constitutional rights of those under observation. Indeed, these techniques are tantamount to a wire tap or other form of warrantless search. As a result, it is unlikely that any information obtained from such government snooping could be used as evidence for most domestic crimes, though it may form the basis of action to prevent terrorist attacks.

Conclusion

While spying on someone's computer is against the laws in most jurisdictions, and use of any illegally obtained information is illegal everywhere, it is difficult to investigate and prosecute many of these crimes. As a result, it is often in one's best interest to police their own affairs on the Internet, using anti-virus programs and common sense to keep from acquiring this software. Similarly, the government's use of spying software, while possibly allowed for national security purposes, is probably not going to be admissible as evidence in any sort of criminal prosecution against a person accused of a domestic crime.

Nevertheless, if you believe you have been the victim of spying through your computer, you may wish to contact law enforcement to report the incident and initiate an investigation. You may also want to discuss the situation with a local attorney experienced in computer laws. These activities may have both criminal and civil implications, so you may need an attorney's assistance in investigating and prosecuting these claims against those who have spied on you or improperly used your information. You can find attorneys in your area by visiting the Law Firms page of HG.org.

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Disclaimer: Every effort has been made to ensure the accuracy of this publication at the time it was written. It is not intended to provide legal advice or suggest a guaranteed outcome as individual situations will differ and the law may have changed since publication. Readers considering legal action should consult with an experienced lawyer to understand current laws and.how they may affect a case.

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