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While cautious browsing can make a difference when it comes to protecting yourself, for ratting victims, U. law, late as usual to the party, is lacking.* * *Despite repeated violations of privacy via webcam hacking, legal protections against RATs in the United States leave many behind.

Theoretically available state-level protections vary widely from place to place, and federal law, as a privacy backstop, is inadequate.

In the last category, few statutes have more potential than the ECPA. Patrick Leahy noted in 2013 was "no longer suited" to contemporary threats—courts have turned to a technologically unwieldy metaphor of "flight" to determine which interceptions occur “contemporaneously” with a message’s transmission and thus are covered by the statute.

ECPA was passed in 1986 as an amendment to the federal Wiretap Act, and, among other things, generally forbids the interception of electronic communications without the consent of a party to that communication. This definitional jig has meant webcam hacking victims are uncovered, with courts reluctant to take the sensible step of including webcam RAT spying under the act’s auspices.

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.

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.RATs are widely used in a variety of contexts, some benign, others not. It’s hard to know how many RATs are out there because of their covert nature.Recent reports confirm hundreds of thousands of computers infected in 2014 by only a single type of RAT, with the actual number of infections across years and technology far, far higher.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.

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