Cell phone spying: find out if monitoring your partner’s device is a crime

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Using spy apps or tampering with the device without the owner’s permission can lead to jail time. Software allows third parties to have full access to the victim’s camera, microphone and location. Find out if you are being watched: see signs of a cell phone infected with a spy app. It could be out of jealousy, control or to get information to blackmail or rob someone; Regardless of the reason, spying on someone else’s cell phone or computer is a crime, known as “stalkerware”, a combination of stalking and spyware. This violation can happen with the help of spy applications that allow full access to the victim’s device, even taking photos and recording audio and calls. But it is also considered a crime to touch someone else’s cell phone without authorization. There are three articles that can frame this crime: Article 10 of law 9,296: “It is a crime to intercept telephone, computer or telematic communications [à distância], promote environmental listening or break judicial secrecy, without judicial authorization or for purposes not authorized by law.” With a prison sentence of 2 to 4 years and a fine. Article 154-A of the Penal Code (created by the Carolina Dieckmann law, no. 12,737/2012): “Breaking into a computer device used by others, whether or not connected to a computer network, with the aim of obtaining, tampering with or destroying data or information without express or tacit authorization from the user of the device or installing vulnerabilities to obtain an illicit advantage “. With a prison sentence of 2 to 5 years and a fine. Article 147-A of the Penal Code (created by the Stalking law, no. 14,132/2021): “Stalking someone, repeatedly and by any means, threatening their integrity physical or psychological, restricting their ability to move around or, in any way, invading or disturbing their sphere of freedom or privacy.” With a prison sentence of 6 months to 2 years and a fine. “We enter the sphere of constitutional guarantees. You break privacy, intimacy, you break banking secrecy, you even break that person’s image, because you have access to other images that you can use, of very private moments, which could even be sexual”, explains Iolanda Garay, president of the National Association of Internet Victims (Anvint). ‘He wanted to annihilate me alive’: find out what revenge porn is and learn about victims’ stories How does the criminal start spying? Currently, it is possible to trick a user into clicking on a link and download a spy application, capable of not only collecting data, but also taking control of your device. But the technology that allows this download remotely is very expensive and, therefore, little used by criminals, being more common in police investigations, says Iolanda. For this reason, scammers need to have access to the victim’s cell phone or computer in person to be able to infect him. “The boyfriend, husband, the spy, he wants to have access, to control that person’s life. Then he gives her an already ‘christened’ gift. The cell phone is sealed and there is no way for her to know it is infected unless she checks it”, he explains. Furthermore, if the spy spends time with the victim on a daily basis, he can take advantage of moments when the cell phone is unlocked to download an application. spy. What can the criminal do with the tools? Even if the cell phone is locked, the spy will have full control of the device, being able, for example, to turn on the camera, the microphone, make recordings, access the location, email mail and even banking applications, explains Wanderson Castilho, an expert specializing in internet crimes. According to Iolanda, normally, the criminal will invade with another crime in mind, such as publishing nude photos of the victim or humiliating them to obtain bank passwords and embezzle funds. Does the cell phone show signs that it is infected? Almost always, the spy software does not appear in the application tray, making it difficult for the victim to identify it, explains lawyer Patrícia Peck, specialized in cybercrimes. However, some things may start to look strange on the device, points out Wanderson. See more in the art below. Signs of a cell phone infected with a spy app Wagner Magalhaes / arte g1 Is it a crime regardless of who is spying? Partner For a partner to have free access to the device, there must be a prior agreement between the couple, even if it is only verbal. Otherwise, it is a crime. Furthermore, intention also matters. If the person accessed the victim’s cell phone on purpose to discover betrayal or bank information, for example, it is a crime. Another point is that this type of violation needs to be reported by the victim to a police station, which only happens in extreme cases, such as in the middle of a divorce, when, normally, the victim has the courage to take the case to court. Parents In relation to parents, the law allows the use of applications that help them maintain control over the virtual lives of their minor children, says the lawyer. But Iolanda believes that it is still necessary to discuss limits to this, especially when the teenager starts their sexual life, since the cell phone could be present – and recording – the moments of intimacy without the young people’s knowledge. The statute of children and adolescents guarantees privacy: “the promotion of the rights and protection of children and adolescents must be carried out with respect for intimacy, the right to image and the reservation of their private life”, according to law 8,069/1990. Furthermore, the use of the camera in the child’s most intimate moments, such as when taking a bath, can also be seen as pedophilia, she points out. “So we have a conflict of fundamental rights and guarantees. Jurists must balance this”, she says. Corporate cell phone So that the company can have full control of the device used by the employee, the law requires that the employee be informed about the extent of this monitoring. For example, whether the company can access the cell phone camera or read conversations. What to do if you are a victim? If you suspect that your cell phone is being spied on, it is essential to take it to an expert specializing in cyber crimes, so that they can investigate whether there are any strange applications on the device. With the proof, the victim can file a police report at a police station and request presentation to the Public Prosecutor’s Office. Expert Wanderson also recommends that, when you receive a cell phone as a gift, you do a factory reset, deleting possible hidden applications. Read also: Virtual rape: abusers use fake photos to blackmail the victim; understand the crime ‘Deepfake live’: technology that changes faces and voices in video calls, as in the soap opera ‘Travessia’, already exists in real life Find out more about other online scams: Virtual dating scam: understand what it is and why people still fall for it Virtual dating scam: understand what it is and why people still fall for it Virtual rape: abusers use fake photos to blackmail victims Virtual rape: abusers use fake photos to blackmail victims Was there a nude leak? Practice is a crime; find out how to report Was there a nude leak? Practice is a crime; find out how to report

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