[ Keylogger software, also known as "Computer Monitoring Software" or "key stroke recorder", is a program that secretly records all the activity that takes place on a computer (PC or MAC). Every keystroke typed, websites visited, chat conversations, printed documents, created or modifies files and more are recorded with this keylogger software. ]
Are keyloggers legal? (The Short Answer)
The short answer: yes, key loggers are absolutely legal. If you are given the admin permissions (which is usually required to install a keylogger) - you have the right to install anything. It is more about the moral viewpoint of whether you should monitor using a keylogger, but it is definitely legal and ok to install on a computer that you have rights over.
Is keylogger software illegal?
The answer is definitely "No". When we talk about Spy software or keylogger software, there is nothing illegal about the application itself. The keylogger developers have started and they continue to create their programs with legitimate purposes as theur primary objective. There are so many situations when monitoring and recording the computer activity is not only legal, but necessary - here are a few examples: companies may use computer monitoring software to ensure that their employees don't use the company's assets for personal purposes; parents can use spy software to protect their children from online abuse. Without a doubt there will always be a few people who can find negative, and in some cases, unethical uses for the very same software, such as: stealing passwords, credit card numbers or corporate secrets. However, even in this situation it's not the key logger software that breaks the law, but the person using it. There are also uses that are not necessarily considerd illegal, but have some moral issues connected to them - such as: a computer activity monitor may be used to find out the truth about your cheating spouse or to catch him/her in the act).
Do I break any law by using keylogger software?
Of course this all depends on the way you use the keystroke recorder. In most cases you have the right to install any programs on the computer that belongs to you. You also have the right to install programs on other peoples' computers if you have their permission. Installing a monitoring program on another person's computer without his/her permission may be illegal. We will not try to give you any advice on the legal side of computer keystroke monitoring because everything depends on your particular situation. If you are in doubt, consult your lawyer.
Can keylogger software be used for any legitimate purposes?
Here are just a few examples of perfectly legal uses of computer keystroke monitoring tools. You can:
- Find out if someone uses your computer while you are away.
- Ensure no one is accessing your personal files while you are away from the computer.
- Keep track of the inexperienced users' activity to quickly locate the problem if they damage any system files.
- Monitor your employees' computer activity to make sure they are really working and don't do anything that may be a source of legal problems for you.
- Monitor your children's online activity to make sure they don't visit pornographic Web sites or don't make any dubious acquaintances.
In the hierarchy of security, keyloggers were once considered small potatoes. The threat was deemed unlikely, and almost fanciful. Not anymore. Keyloggers are everywhere. For those new to the area, a keylogger does just what it sounds like — records keystrokes -- which can then be played back. For those who can remember, it's similar to a typewriter ribbon, which had an imprint of every key pressed and their order - a literal scroll of all the work done on that keyboard. Only digital keyloggers such as Spector Pro are a heck of a lot easier to read back.
The legal status of keyloggers is somewhat vague. It looks like back in 2004 a Federal Judge in California dismissed a keylogger case basically saying that keyloggers don't violate the Federal wiretapping laws. Linked. So that leaves us with no laws that explicitly deal with keyloggers. It looks like until then those of you with tin-foil hats might also want to start using a "virtual keyboard" since the Feds have already used keyloggers to get PGP and encrypted email, here (with good reason).
There are both "good" and "bad" uses for keyloggers. Keyloggers absolutely violate personal privacy, no question. Use of keyloggers, when targeted and with a warrant, is a "good" use - we want to catch the bad guys, and a judge reviews the issues. Monitoring your OWN assets is valid (your business or your home computer). If it's a business, users should be informed (via policy or signage). If its family, I'll leave it up to your own ethics.
Monitoring someone else's assets with a keylogger, without their explicit permission should be illegal. Where's the outrage?