Bryan Fleming won’t face prison time for a count to which he pled guilty in January, in a rare case of a successful U.S. stalkerware prosecution.
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A federal judge has sentenced the maker of stalkerware pcTattleTale, which went out of business after a data breach, to supervised release and a $5,000 fine.
Bryan Fleming pleaded guilty in January to a charge of intentionally manufacturing, possessing or selling a device with the knowledge that it would be primarily used for surreptitious interception of communications. On Friday, a judge handed down Fleming’s sentence.
It was the first stalkerware conviction since 2014, when the maker of StealthGenie, pled guilty and also didn’t serve prison time, instead receiving a $500,000 fine from the court.
According to Fleming’s plea agreement, his incriminating activity began as early as 2017, as the owner of Fleming Technologies LLC.
“Defendant’s software enabled buyers to covertly and remotely monitor a victim’s cellular telephone and computer activities, including, texts, emails, phone calls, geo-location, and web browsing,” the agreement states. “Defendant began directly advertising his spying software to persons wanting to spy on spouses or partners without their knowledge.”
It continued: “Defendant’s spying software covertly created a video every time a victim’s device was used, which captured any and all activity occurring on the device. The person monitoring the device could log into a remote dashboard and monitor the activity on the victim’s device.”
An undercover agent from Homeland Security Investigations, a division of U.S. Immigration and Customs Enforcement, posed as a marketing affiliate and customer to communicate with Fleming, according to a 2022 indictment.
pcTattletale went out of business in 2024 after suffering a data breach. Researchers have found that stalkerware apps often fail to protect personal information collected during their use.
An attorney for Fleming didn’t immediately respond to a request for comment Monday morning.
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Source: CyberScoop
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