Woman lawyer moves HC against uncontrolled sale of mobile spyware

Feb 01, 2022

New Delhi [India], February 1 : A woman lawyer approached the Delhi High Court against the illegal sale of mobile spyware being sold without any restriction or control. Thus, the same is capable of being misused enormously.
Justice V Kameswar Rao has issued the notice to Central Government and Google India on the petition and sought a response in four weeks. Court has fixed the matter on March 9.
The petition moved by Advocate Dimple Vivek has made central government, Google India along with the Cyber Security Division of Ministry of Information and Technology, Commisioner of Police, Delhi, Cyber Crime Cell and Indian as well as overseas companies namely Cyberro Technologies Pvt. Ltd., Hello spy, Xn Spy, Spymyfone, Onestore India pvt. Ltd. as a party to it.
The petition said the respondent companies are continuously and regularly on day to day basis involved in advertising, selling of illegal Malware, Software, Spyware application which is against the fundamental right of every citizen of India.
The petition said that Mobile Spyware has always been seen as a serious threat to phone users. Women seem to be the primary victims, whose lives are being turned upside down by a controlling spouse, boyfriend or ex who seems to know their every move.
It further said that this mobile spyware are capable of capturing a significant amount of highly personal information, including allowing a Spy to remotely track location, monitor text messages, listen to calls, see every photo and video taken, turn on the phone's microphone to monitor its surroundings and take pictures with phone's camera.
Spyware installed on devices can allow someone to turn on the webcam or microphone, take screenshots, see activity on third-party apps like Whatsapp or others, intercept, forward, or record phone calls, the petition said.
It further said that this software has the capacity to track all personal details, privacy, bank details, even key pressed on the phone, location, phone calls, pictures etc.
The petitioners has urged the court to direct the Government and concerned authorities to initiate appropriate steps to restrict the sale, transfer, operation, usage, floating, advertising of any such spy software, malware or app without specific license or permission.
The petition also urged the court to direct the authorities to impose stringent punishment and penalty on companies involved in the sale of these spywares.