TL;DR: Spyware Apps to "Catch a Cheater" Are Illegal and Unethical
Spyware tools like pcTattletale, designed for monitoring partners without consent, violate privacy laws and ethical standards. Michigan developer Bryan Fleming's prosecution underscores the growing crackdown on stalkerware.
• Legal risks: Non-consensual monitoring breaches federal wiretap regulations.
• Ethical concerns: Spying erodes trust and harms relationships, reflecting broader implications for privacy.
• Entrepreneur lessons: Avoid illegal boundaries, prioritize user security, and value long-term reputation over short-term gains.
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Michigan Man Learns the Hard Way: “Catch a Cheater” Spyware Apps Are Not Legal
Spyware apps marketed to “catch a cheater” may seem like a tempting solution for suspicious spouses, but as the case of Bryan Fleming proves, they can lead straight to legal trouble. Fleming, a Michigan-based developer, recently pled guilty to charges stemming from his creation and sale of pcTattletale, a software tool explicitly designed to monitor partners without consent. The story shines a harsh light on how invasive technologies are being used today, and why the law has begun cracking down hard.
As an entrepreneur who has built multiple businesses across Europe, I, Violetta Bonenkamp, want to explore some key lessons here, not just for developers walking the fine line of tech ethics, but for anyone in the business world who thinks short-term gains justify breaking long-established rights like privacy.
What Are “Catch a Cheater” Spyware Apps?
These tools are a subset of what is often called “stalkerware”, apps designed to secretly collect data from a target’s phone or computer. pcTattletale, created in 2002 and originally marketed for harmless uses like keeping children safe online, gradually shifted its focus toward catching unfaithful partners. It became popular for allowing users to access footage of every interaction on a device, from texts to social media activity.
- Key selling points: Covert operation, device access via hidden tools
- Marketing language: “Catch cheating husbands or wives while they sleep”
- Profit model: Annual subscriptions between $99 and $300, with sales peaking at over 1,200 subscriptions annually
Although originally designed for legitimate purposes, the software’s heavy emphasis on non-consensual spying blurred ethical and legal boundaries. Fleming’s decision to re-brand toward spying on intimate partners without their knowledge made him and many similar entrepreneurs easy targets for prosecutors.
Why Is This a Legal and Ethical Minefield?
Under privacy laws in the United States and many other countries, tools like pcTattletale violate wiretapping and electronic surveillance regulations. It’s illegal to intercept someone’s private communications without consent, regardless of your relationship to them. For developers and tech business owners, it’s critical to understand these laws before designing or marketing any product that interacts with personal data.
- Relevant legal statutes: U.S. federal wiretap laws and state regulations address the unauthorized interception of communications
- Notable case law: Fleming’s prosecution marks one of the first successful stalkerware criminal cases in nearly a decade
- Common misconceptions: Many users assume “it’s okay if it’s my spouse,” but legally, this is not true
Beyond legality, there’s the ethical side, where does one draw the line? Destroying trust through clandestine monitoring may be tempting, especially in personal relationships, but it echoes wider implications. Businesses playing fast and loose with privacy ultimately put their entire audience at risk, as seen in pcTattletale’s 2024 data breach.
What Entrepreneurs Can Learn from This Case
If you’re building a tech platform or app today, it’s not enough to emphasize profit or demand. As developers and founders, you must ask yourself: Will my product intentionally or unintentionally harm users? Fleming’s story is a cautionary tale for entrepreneurs who fail to consider the long-term impact of their products. Here’s what to avoid:
- Ignoring legal boundaries: Always consult legal experts when launching digital tools that handle sensitive or private data.
- Short-sighted monetization: Targeting emotional vulnerabilities (e.g., jealousy or fear) may generate profit but creates reputational risk.
- Failing to secure data: pcTattletale’s breach in 2024 leaked sensitive information, further damaging Fleming’s defense during prosecution.
On the positive side, respecting limits isn’t just about avoiding lawsuits, it can be a differentiating factor that builds trust. For example, products marketed as secure, transparent, and privacy-compliant often fare better longer-term.
How Does This Impact the Future?
As we move deeper into 2026, global regulatory scrutiny over surveillance tech will only grow. Even apps hosted overseas will face pressure to comply, creating opportunities for businesses willing to innovate responsibly. Countries like Germany and France are scaling up efforts to combat stalkerware, setting benchmarks others may follow.
- Opportunities for responsible apps: Tools aimed at empowering users without exploiting privacy are more likely to succeed.
- Increased accountability: Expect user lawsuits and watchdog action to intensify worldwide.
- Investor priorities: Many venture firms already steer clear of ethically gray areas when it comes to privacy compliance.
Final Thoughts: Learn from Failures
Fleming’s downfall was rooted in neglecting to assess the broader implications of his tech’s misuse. Entrepreneurs have a responsibility, not just to stay within the law but to act ethically. The digital world runs on trust, and losing that trust damages more than just your business.
Ask yourself: Does my app solve a problem without creating new dangers? Focus on building transparent tools, respecting user privacy, and working within the law. While it may require greater initial effort, this approach pays off by creating sustainable, scalable companies you can proudly own.
Want deeper insights into ethical tech entrepreneurship? Let’s stay connected, subscribe to my newsletter or read more about privacy-first businesses on Ars Technica’s security section.
FAQ on the Legality and Ethics of Spyware Apps
What are “catch a cheater” spyware apps, and why are they controversial?
"Catch a cheater" apps are spyware tools designed to monitor devices secretly, often for exposing infidelity. These apps, like pcTattletale, evolved from legitimate uses, such as parental or employee monitoring, to being marketed for spying on partners without consent. This shift violates privacy laws and the ethical principle of consent. Check out Startup News: Key Lessons and Strategic Steps from Luminar’s Legal Battle to draw parallels with cases about legal overreach in unauthorized data use.
Are spyware apps legal to use for personal relationships?
No. Monitoring someone’s private communications without their knowledge violates U.S. wiretapping laws and similar global privacy regulations. Even in intimate or marital relationships, covertly spying on a partner constitutes unlawful surveillance. Learn more about privacy-first approaches in tech via AI News: Lessons for Startup Success in Personalized Search Engines.
What laws govern spyware apps in the U.S.?
Spyware apps fall under U.S. federal wiretap laws, which criminalize intercepting someone’s communications without permission. Additionally, most states enforce their own electronic surveillance laws. Similar cases, like Bryan Fleming’s prosecution for his app pcTattletale, demonstrate how seriously violations are treated. Understand the importance of staying legally compliant through Essential Startup Skills for Female Founders.
Why did Bryan Fleming’s pcTattletale software lead to a federal conviction?
Fleming marketed his spyware as a tool to catch cheating spouses, explicitly targeting vulnerable emotional states. His rebranding blurred ethical lines, resulting in violations of wiretapping laws. Data leaks from pcTattletale’s server in 2024 also worsened his case, leading to his prosecution. Learn about avoiding such reputational pitfalls from The Female Founder Mindset.
What can entrepreneurs learn from Bryan Fleming’s case?
Fleming’s failure to consider long-term ethical and legal implications serves as a cautionary tale. Entrepreneurs should prioritize privacy compliance, avoid exploiting users’ vulnerabilities, and ensure data security to avoid legal and reputational risks. Explore the strategic importance of ethics in innovation via Why Domain Rating is Dead: The Rise of Semantic Authority in AI SEO.
What role did unethical marketing play in pcTattletale’s downfall?
The app used manipulative language, such as “catch cheating husbands or wives while they sleep,” appealing to emotionally charged users. Such marketing contributed to both its popular use in illicit activities and eventual legal action against Fleming. Entrepreneurs can align marketing ethics with compliance by studying Startup News 2025: Why AI Agents Aren’t the New Google.
How has global scrutiny of spyware apps increased in recent years?
Countries like Germany and France are strengthening privacy-focused regulations, and international watchdogs are taking harsher stances on stalkerware. Responsible tech businesses that prioritize transparency and ethical development are more likely to thrive in this evolving environment. Discover how these parameters shape tech ecosystems in Female Founder Trends: What’s Winning, What’s Dying, What’s Next.
What impact do data breaches have on spyware operators?
In 2024, a data breach exposed sensitive footage stored by pcTattletale, compounding the legal and ethical issues facing Bryan Fleming. This highlights the risks inherent in storing private data, especially when operating in legally gray areas. Responsible founders can mitigate these risks, as outlined in Top 10 Open Source Alternatives to Briefly Executive Summaries.
What could companies market instead of spyware tools?
Tools that empower users to monitor their own privacy, rather than compromise others’, are increasingly favored. For instance, apps focused on data encryption, parental controls with verifiable child consent, or secure personal cloud storage see better long-term success. Building ethical products is discussed in The Accelerators Advantage: Scaling Female-Led Startups.
What are the long-term consequences of neglecting ethical tech development?
Loss of user trust, exposure to litigation, and reputational damage often follow neglecting ethics. Bryan Fleming’s case exemplifies how short-term profits can turn into unsustainable damage. Respecting legal and ethical boundaries ensures credibility, as highlighted in Startup News: Lessons from Austin Russell’s Legal Challenges.
About the Author
Violetta Bonenkamp, also known as MeanCEO, is an experienced startup founder with an impressive educational background including an MBA and four other higher education degrees. She has over 20 years of work experience across multiple countries, including 5 years as a solopreneur and serial entrepreneur. Throughout her startup experience she has applied for multiple startup grants at the EU level, in the Netherlands and Malta, and her startups received quite a few of those. She’s been living, studying and working in many countries around the globe and her extensive multicultural experience has influenced her immensely.
Violetta is a true multiple specialist who has built expertise in Linguistics, Education, Business Management, Blockchain, Entrepreneurship, Intellectual Property, Game Design, AI, SEO, Digital Marketing, cyber security and zero code automations. Her extensive educational journey includes a Master of Arts in Linguistics and Education, an Advanced Master in Linguistics from Belgium (2006-2007), an MBA from Blekinge Institute of Technology in Sweden (2006-2008), and an Erasmus Mundus joint program European Master of Higher Education from universities in Norway, Finland, and Portugal (2009).
She is the founder of Fe/male Switch, a startup game that encourages women to enter STEM fields, and also leads CADChain, and multiple other projects like the Directory of 1,000 Startup Cities with a proprietary MeanCEO Index that ranks cities for female entrepreneurs. Violetta created the “gamepreneurship” methodology, which forms the scientific basis of her startup game. She also builds a lot of SEO tools for startups. Her achievements include being named one of the top 100 women in Europe by EU Startups in 2022 and being nominated for Impact Person of the year at the Dutch Blockchain Week. She is an author with Sifted and a speaker at different Universities. Recently she published a book on Startup Idea Validation the right way: from zero to first customers and beyond, launched a Directory of 1,500+ websites for startups to list themselves in order to gain traction and build backlinks and is building MELA AI to help local restaurants in Malta get more visibility online.
For the past several years Violetta has been living between the Netherlands and Malta, while also regularly traveling to different destinations around the globe, usually due to her entrepreneurial activities. This has led her to start writing about different locations and amenities from the point of view of an entrepreneur. Here’s her recent article about the best hotels in Italy to work from.


