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In the last category, few statutes have more potential than the ECPA. Patrick Leahy noted in 2013 was "no longer suited" to contemporary threats—courts have turned to a technologically unwieldy metaphor of "flight" to determine which interceptions occur “contemporaneously” with a message’s transmission and thus are covered by the statute.

ECPA was passed in 1986 as an amendment to the federal Wiretap Act, and, among other things, generally forbids the interception of electronic communications without the consent of a party to that communication. This definitional jig has meant webcam hacking victims are uncovered, with courts reluctant to take the sensible step of including webcam RAT spying under the act’s auspices.

On a constitutional and procedural level, we should require that law enforcement hacking include automatic transparency, ban government webcam hacking, and be exacting in applying the Fourth Amendment’s warrant requirements.

Together, with political will and popular support behind them, change in these areas would empower the public to better respond to ratters—whether individuals or government agents—and improve the privacy of millions.* * *Electronic privacy law in the United States is guided by the overlap of the Federal Trade Commission, state law, criminal procedure, executive order, and federal statute.

The laptop, it turned out, had been stolen before she bought it, and it came equipped with a Remote Access Tool, or RAT.

RATs are software that allow a third party to spy on a computer user from afar, whether rifling through messages and browsing activity, photographing the computer screen, or in many cases hijacking the webcam and taking photographs of whomever is on the other side.

In 2010, the Byrds purchased a computer from Colorado Aaron’s, Inc. According to the suit, the store installed a brand-name RAT on the couple’s computer without telling them.

Employees then used the software to take webcam photographs, log messages, and capture screenshots, wrongly thinking the couple was behind on payments.

While cautious browsing can make a difference when it comes to protecting yourself, for ratting victims, U. law, late as usual to the party, is lacking.* * *Despite repeated violations of privacy via webcam hacking, legal protections against RATs in the United States leave many behind.

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