Orin Kerr just made someone smart enough to realize it a lot of money.
Some spyware also appears to violate the Wiretap Act, 18 U.S.C. 2510-22, which prohibits intercepting your private Internet communications without your consent. The Wiretap Act authorizes both criminal and civil suits — and the civil suits provide attorney's fees, statutory damages, and even the possibility of punitive damages for victorious plaintiffs.
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