The founder of a U.S.-based company that created and sold stalkerware – surveillance software used to secretly monitor phones and computers – pleaded guilty to federal charges this week. Bryan Fleming, the founder of pcTattletale, admitted to computer hacking, selling surveillance software for unlawful purposes, and conspiracy, marking a significant development in the fight against the insidious practice of domestic digital surveillance.
Fleming entered his guilty plea in a San Diego federal court on Tuesday, following a multi-year investigation by Homeland Security Investigations (HSI). The case represents the first successful U.S. federal prosecution of a stalkerware operator in over a decade, potentially opening the door for further legal action against those involved in the creation and distribution of such software.
Federal Prosecution Targets Stalkerware Industry
HSI initiated its investigation into pcTattletale in mid-2021 as part of a broader effort to address the growing problem of consumer-grade surveillance software. These applications, often marketed under the guise of parental control or employee monitoring, are frequently misused to track intimate partners and other individuals without their knowledge or consent. This type of surveillance is illegal in the United States and many other countries.
According to investigators, pcTattletale allowed customers to remotely access a victim’s data – including messages, photos, and location information – once the software was installed on their device. Fleming allegedly profited from the sale of this invasive technology, despite its clear potential for abuse.
The prosecution follows a similar case in 2014 involving the creator of the StealthGenie app. However, experts believe Fleming’s conviction could have a wider impact, potentially extending beyond the operators of stalkerware to those who simply advertise and sell the software.
Investigation Uncovered Brazen Marketing Tactics
The investigation revealed that Fleming was remarkably open about his business. HSI special agent Nick Jones noted in an affidavit that pcTattletale specifically advertised its spyware for “surreptitiously spying on spouses and partners.” Fleming even posted promotional videos on YouTube from his home, openly identifying himself as the creator and founder of the company.
Federal agents obtained a search warrant for Fleming’s home in Bruce Township, Michigan, in 2022. Emails obtained through the warrant showed Fleming “knowingly assisted customers seeking to spy on nonconsenting, non-employee adults,” according to the affidavit. Agents later surveilled Fleming’s residence to confirm his identity and ultimately raided the property, seizing an unknown number of items.
HSI’s investigation began after identifying over 100 websites offering surveillance software, many of which initially presented lawful uses like monitoring children or employees. However, pcTattletale’s explicit targeting of individuals seeking to monitor their partners drew particular attention.
Fleming shut down pcTattletale in 2024 following a data breach that exposed the personal information of over 138,000 customers and their potential victims. The breached data was subsequently shared on the data breach notification site, Have I Been Pwned. Fleming claimed he shut down the business and cooperated with investigators once he became aware of potential legal issues, according to a statement provided by his lawyer, Marcus Bourassa.
Implications for the Future of Stalkerware Regulation
The case highlights the challenges of regulating the spyware industry, particularly as many operators are based overseas. However, Fleming’s prosecution demonstrates that U.S. law enforcement can and will pursue individuals operating illegal surveillance businesses within its jurisdiction.
Eva Galperin, director of cybersecurity at the Electronic Frontier Foundation and co-founder of the Coalition Against Stalkerware, emphasized the significance of the case. “One of the most striking aspects of this case is the extent to which stalkware companies like pcTattletale operate out in the open,” Galperin said. “This is because the people behind these companies so rarely face consequences for selling tools that they themselves say are explicitly for monitoring other people’s devices without their knowledge or consent.”
Galperin hopes this case will change the risk assessment for those involved in the creation and sale of stalkerware. The conviction could encourage greater scrutiny of the industry and potentially lead to more prosecutions.
Fleming is expected to be sentenced later this year. The outcome of the sentencing and any potential appeals will be closely watched by privacy advocates and law enforcement officials alike. The case could set a precedent for future investigations and prosecutions related to the development and distribution of covert surveillance technology.
If you or someone you know needs help, the National Domestic Violence Hotline (1-800-799-7233) provides 24/7 free, confidential support to victims of domestic abuse and violence. If you are in an emergency situation, call 911. The Coalition Against Stalkerware has resources if you think your phone has been compromised by spyware.
