Update on FTC v. CyberSpy Software: District Court Enjoins Certain Advertising Practices; Keylogger Software Once Again Available

FTC v. CyberSpy Software, LLC, November 6, 2008, 6:08-cv-1872
Preliminary Injunction

On November 24th, Judge Presnell presided over a hearing regarding the temporary restraining order put in place by the court on November 6th. The preliminary injunction is significanty more limited than the original TRO, which had prevented CyberSpy from selling its "RemoteSpy" keylogger software entirely.

The new order primarily enjoins CyberSpy from

promoting, selling, or distributing RemoteSpy, or its equivalent, by means of informing or suggesting to customers that it may be, or is intended to be, surreptitiously installed on a computer without the knowledge or consent of the computer's owner including . . . instructions for disguising the name of the executable file that accomplishes the installation and/or recommendation of the use of a stealth email service for sending the executable file to the remote computer.

The ruling focuses on restricting the methods CyberSpy may use to market or sell their product, but does allow the company to sell RemoteSpy once again.

Previously: District Court Halts Sales of Keylogger Software