Advocates Ask FTC to Deny 'Stalkerware' App CEO's Petition to Vacate
The FTC should deny a request to vacate an agency order against the CEO of a “stalkerware” app given the egregiousness of the privacy violations, consumer advocates said in recent comments to the FTC (see 2507180024).
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The commission in July opened public comment on a petition from SpyFone CEO Scott Zuckerman. According to a 2021 complaint, SpyFone sold products that allowed customers to install stalkerware apps on victims’ mobile devices when they had physical access to those devices. Customers were able to monitor their targets’ messages, photos, browsing history and location data, according to the agency.
Zuckerman earlier this year filed to amend or vacate an order banning him from “offering, promoting, selling, or advertising any surveillance app, service, or business.” The order extends to Zuckerman’s other businesses, requiring him to establish information-security programs and complete biennial assessments. The petition states Zuckerman’s former company, Support King, is permanently closed, and argues the order imposes an “excessive and unnecessary burden.” Compliance costs prevent the expansion of other businesses, including a restaurant and tourism services, he said.
Electronic Privacy Information Center, Public Knowledge, the Center for Democracy and Technology, the Demand Progress Education Fund, Fairplay and Free Press filed joint comments asking the FTC to deny the petition. The filing cites TechCrunch reports claiming Zuckerman lied to customers about the investigation and ignored the ban after his settlement.
The filing asks the commission not to weaken “the deterrent effect of its consent decrees” and uphold its “mission of protecting consumers from privacy and data security harms inflicted by the companies who have chosen to collect and retain consumer data.”
Electronic Frontier Foundation filed separate comments in opposition. EFF cited TechCrunch reporting claiming a direct link between Support King and another stalkerware app, SpyTrac, which allegedly held data Support King was supposed to delete. After the reports were published, SpyTrac and associated entities went offline, according to the filing. If allegations against Zuckerman are true, “they demonstrate a disregard for the people who were targeted using his products, for the security and privacy of user data, and for his agreement with the Commission,” the filing said. “While Mr. Zuckerman finds that the reporting requirements on his businesses are burdensome, we feel that the burden is justified given the seriousness of his alleged behavior.”
Zuckerman, in his comments to the agency, said TechCrunch reporting is “wrong” and claimed he didn’t take part in development of “these products.” Zuckerman said that, at the time of the investigation, he “was a young entrepreneur taking chances and trying different things." The CEO "learned a lot from that experience, including what to stay away from," and stressed that he "will not be re-entering the surveillance space in any capacity.” Zuckerman added that he has “moved on” and his focus is “growing in the right way.”