Bryan Fleming, the founder and owner of the controversial spyware company pcTattletale, has pled guilty to nine criminal counts in a federal court in San Diego. These charges include computer hacking, selling and advertising surveillance software to facilitate illegal hacking, and conspiracy. His guilty plea should signal an important new turning point in the battle against spyware. It would result in the initiation of additional federal investigations and prosecutions focused on individuals who develop, market, and sell invasive surveillance software.
Now Fleming is in hot water as he comes under fire following a two-year investigation. Undercover agents from Homeland Security Investigations (HSI), a division of U.S. Immigration and Customs Enforcement, have spearheaded the investigation. He was reported to be running pcTattletale out of his residence in Bruce Township, Michigan. In November 2022, HSI was authorized by a U.S. judge to execute a search warrant on Fleming’s home. This resulted in a raid, during which agents seized the following items related to the case.
Fleming’s company, pcTattletale, was a huge hit in that it had more than 138,000 customers who paid to use the surveillance service. The manufacturer drew national headlines for its extreme marketing strategies, advertising its device to “catch a cheater.” It is evident that Fleming wanted his software to make committing crime easier. This is a welcome contrast to other stalkerware operators, which often obfuscate their identities to avoid facing legal repercussions.
In 2024, Fleming decided to fold pcTattletale after a data breach exposed some of their customers’ sensitive information. In an even bolder breach, a hacker defaced the company’s website. In the process, they stole troves of data from the company’s servers that included personally identifiable information such as customers and their victims. The hacked data was later released on popular data breach notification website Have I Been Pwned.
Fleming’s attorney, Marcus Bourassa, did not respond to requests for comment regarding his client’s conviction or the implications it may have for the industry.
The case has raised the alarm among cybersecurity advocates. Eva Galperin, director of cybersecurity at the Electronic Frontier Foundation. She’s the co-founder of the Coalition Against Stalkerware, and in response to the public nature of Fleming’s operations, wrote that.
“One of the most striking aspects of this case is the extent to which stalkware companies like pcTattletale operate out in the open,” – Eva Galperin
Galperin is hopeful that Fleming’s case will encourage other stalkerware makers to rethink their business practices. Relatedly, he hopes this change will foster more ethical practices in the industry.
“I hope that this case changes the risk calculus for makers of stalkerware,” – Eva Galperin
Since Fleming pled guilty, the spyware industry has faced extraordinary scrutiny. As fears around surveillance and public safety continue to mount, this criticism has turned into a sharp focus. His anticipated sentencing later this year could prove to be a turning point. It would go a long way to addressing the invasive stalking and harassment that these technologies make possible.
His conviction affects a whole lot more than his own situation. It sheds light on the extent of these blatant industry abuses and may serve as a catalyst for federal enforcement against other companies that eschew legal and ethical responsibilities. As law enforcement agencies continue to investigate such operations, more individuals involved in the promotion and sale of spyware face potential legal repercussions.