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Court Denies FTC Request to Ban RemoteSpy



On November 25, 2008, the U.S. District Court denied a proposed ban of the remotely-deployed computer monitoring software product, RemoteSpy, sold by CyberSpy Software, LLC. As of December 3, 2008, RemoteSpy is once again available for sale and users of the popular software can once again access their accounts. The Federal Trade Commission (FTC) asked the U.S. District Court for the Middle District of Florida (case no. 6:08-cv-1872-ORL-31GJK) to issue an injunction to: (1) stop the sale of RemoteSpy, the best remote computer monitoring tool on the market; (2) prevent current RemoteSpy customers from using the product; (3) freeze the assets of the company and its CEO, Tracer Spence; and (4) prevent CyberSpy and Spence from operating any other business without the FTC'ss consent. The Court refused to take such punitive actions, instead simply requiring CyberSpy to do what it had already offered to do: change its promotional materials and advertising practices to make it clear that the software is not designed or intended to be used to monitor any computer without the owner'ss knowledge and consent.



Our website already had dozens of warnings and disclaimers that the software is to be used to monitor only those computers you own or have permission to monitor, said Spence,but we offered to go several steps further to ameliorate the FTC'ss concerns. Spence added: The parents and employers who represent the overwhelming majority of our customers use the software on computers they own, but to which they may not always have constant physical access: children can be protective of their laptops and many businesses have remote employees who work from home. Spence has begun writing a blog about the rights of parents and employers to control what happens on their computers, and how the FTC'ss lawsuit attempts to obstruct those rights, located at remotespy.com (http://www.remotespy.com/blog/).



CyberSpy makes several computer monitoring software products in addition to its award-winning remote monitoring solution, RemoteSpy. With its advanced remote monitoring and log collection capabilities, RemoteSpy is widely used by employers, parents, and private investigators to monitor their own computers or the computers of their clients. The software may be installed remotely and records every keystroke, chat message, email, and website visited on the monitored computer. The owner of the computer can then view activity logs remotely from any computer via the Internet by accessing a secure account at remotespy.com (http://www.remotespy.com). RemoteSpy lets customers know with certainty what users are doing on their computers while they are away.



The FTC claims our software should be illegal because someone, somewhere might abuse it, said Spence, but computer monitoring software is just like any other surveillance technology: There is nothing inherently illegal about binoculars, hidden cameras, or directional microphones, for example, but people can use those tools to break the law. Spence added: After considering the sworn testimony of numerous parents and employers who depend on our software to monitor the activities of their children and employees, the Court rightly denied the FTC'ss attempt to shut us down. Spence also noted that CyberSpy is very relieved by the Court'ss ruling and is happy to be servicing new and existing customers once more.



Some news outlets have mistakenly reported that RemoteSpy was found to be illegal spy software. Rather, the FTC merely filed a complaint alleging that it had reason to believe that the law may have been violated based on its view that remotely installed monitoring software could potentially be used to commit a variety of unspecified illegal activities. CyberSpy has already changed its website and promotional materials to comply with the Court'ss narrowly tailored injunction and is hopeful that the entire lawsuit will be dismissed once the Court rules on CyberSpy'ss pending Motion for Summary Judgment, which seeks to dismiss the entire lawsuit.



It'ss preposterous: The FTC admits they have no evidence that either CyberSpy or Mr. Spence have ever used the software to break the law and they didn'st even provide any evidence that others had done so, stated CyberSpy General Counsel, Clegg Ivey. Yet, they tried to shut us down because some unspecified person out there might violate our license agreement, ignore the warnings contained on our website and in the user guide, and misuse the software to break the law, Ivey continued. That'ss exactly what the Recording Industry said when they asked a court to ban MP3 players as being useful only for music piracy, Ivey said, but I represented Diamond Multimedia in that case and the Court agreed with us. Ivey added: The Recording Industry was wrong then just like the FTC is wrong now.



About CyberSpy Software, LLC



CyberSpy Software, LLC specializes in privacy and security solutions for home and corporate use, bringing to market a powerful line of the most advanced computer monitoring and remote surveillance software available on the Internet today. CyberSpy takes pride in delivering only the highest quality software every day to thousands of parents, employers, and other legitimate users of computer surveillance products.



COMPANY CONTACT:


Clegg Ivey


General Counsel,


CyberSpy Software, LLC


407-574-1288






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