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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.The litigation is still underway, but for now, the court's unwillingness to treat webcam snooping as protected under ECPA is a troubling but easily correctable deficiency in the law.Courts, or the legislature, should abandon or retool the "in-flight" metaphor and understand snatched webcam photos as interceptions for the purposes of the statute.

RATs are software that allow a third party to spy on a computer user from afar, whether rifling through messages and browsing activity, photographing the computer screen, or in many cases hijacking the webcam and taking photographs of whomever is on the other side.

There's a real threat of being watched and recorded where you live, and without your knowledge or consent.

Anyone with or near a computer and its webcam is potentially at risk.

An Aspen Way employee came into the Byrd’s house, alleging delinquency, and, at his door, showed Brian a webcam photo of himself playing poker. electronic privacy legislation, would seem to apply naturally to the RAT-enabled capture of webcam photographs, keystrokes, and screenshots, a district court judge in their case adopted a pre-trial finding that the photographs were not "intercepted" for the purposes of the statute.

The intrusion, he told the The Byrds sued a number of parties associated with the incident, including the store and the manufacturer of the trojan. The same judge expressed skepticism that the messages and screenshots could have been “intercepted,” either, but still allowed debate of the issue in the case.

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