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In 2010, the Byrds purchased a computer from Colorado Aaron’s, Inc. According to the suit, the store installed a brand-name RAT on the couple’s computer without telling them.
Employees then used the software to take webcam photographs, log messages, and capture screenshots, wrongly thinking the couple was behind on payments.
On a constitutional and procedural level, we should require that law enforcement hacking include automatic transparency, ban government webcam hacking, and be exacting in applying the Fourth Amendment’s warrant requirements.
Together, with political will and popular support behind them, change in these areas would empower the public to better respond to ratters—whether individuals or government agents—and improve the privacy of millions.* * *Electronic privacy law in the United States is guided by the overlap of the Federal Trade Commission, state law, criminal procedure, executive order, and federal statute.
At issue are privacy harms suffered by Colorado residents Crystal and Brian Byrd at the hands of a RAT called PC Rental Agent.There are counter-intuitive interpretations of aging electronic privacy statute passed before webcams were invented and a federal hacking law that offers a private individual the right to sue but imposes requirements on this right that exclude most victims of ratters. law and policy, though, can meaningfully improve the status quo and ensure that the public is protected.In the case of the government’s use of RATs against the public, the process is comically and characteristically opaque. As one of the authors of a recent policy paper reviewing the legal, technological, and policy issues surrounding RATs, I've given a lot of thought to the problem and how we can fix it.The federal government should clarify the definition of “interception” under Title I of the Electronic Communications Privacy Act (ECPA) and reconsider the damages requirement for private claims in the Computer Fraud and Abuse Act (CFAA) in light of the often non-economic nature of privacy harms.
A victim’s suffering is often not financial but emotional.
Though the CFAA is foremost a criminal statute, meaning that prosecutors would have the power to decide when it is used, 1030(g) allows a private party to sue in a civil rather than a criminal proceeding, one that might conceivably offer refuge to victims of ratters.