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FlexiSPY Blog > Articoli di: FlexiSPY

Autore: FlexiSPY

How to Comply With Business Call Monitoring And Recording Regulations In The UK
Technology now makes it possible for employers to keep track of virtually all workplace communications by any employee, on the phone and in cyberspace, whether at their desk, on their mobile, or even outside the office. Many employers take advantage of these tracking devices: A survey of more than 700 companies by the Society for Human Resource Management (SHRM) found that more than half of all employers are monitoring their employees’ telephone calls.

There are a number of reasons that employers would want to monitor or even record the phone calls of their employees, such as quality assurance, customer relations and training. Employers may also want to take steps to make sure employees are not giving trade secrets to competitors, engaging in illegal conduct at work, or using company communications equipment to harass or bully their coworkers.

In the UK, prior to 1985, there was no statutory regulation of interception of phone calls, whether it be for personal or business reasons. With respect to governmental surveillance, it was carried out under the Royal Prerogative, with the only oversight being the informal “judges rules.”

Moreover, for private citizens, under British common law, there is no right of privacy. This means that individuals cannot bring claims for invasion of privacy unless there is a specific tort, legislation or regulation that has been violated.

Early attempts to enact legislation to fill the gap in British call interception law ran afoul of the EU’s Declaration on Human Rights and were voided by decisions of the Strasbourg Court.

The Regulation of Investigatory Powers Act 2000 changed that, and now provides most of the framework for call interception, and monitoring or recording of phone calls. However, it soon became apparent after its enactment, that businesses which had a need to monitor and record their employee calls were not covered by this legislation.

Accordingly, the Telecommunications (Lawful Business Practice)(Interception of Communication) Regulations 2000 were also enacted. Commonly referred to as the LBP, the regulations were designed to maximize the ability of companies to monitor employee communications while providing some protection for privacy.

Under the LBP Regulations, monitoring or recording communications is legal if it is done for these reasons:

• to establish the existence of facts;

• to ascertain compliance with regulatory practices or procedures;

• to demonstrate standards which should be achieved (quality control and training);

• to prevent or detect crime;

• to detect unauthorized use of a telecommunications system;

• to secure effective system operation;

• to determine whether communications have a business or personal purpose; or,

• to monitor customer support lines.

Most importantly, the business must make reasonable efforts to notify persons using the telecommunications system, that interceptions may be made. This can be accomplished through dissemination of a company policy statement, or through a recorded announcement at the start of a call.

Under the LBP, employers in the UK are free to monitor any phone calls made by its employees. Technically, the regulations require that once an employer determines that the call is personal, and, not business-related, the monitoring should cease. However, there could be a number of reasons for continuing the monitoring of the call, including the following: to detect improper use of company equipment; to reduce time-wasting activities which adversely affect productivity, to prevent or detect crime, and also to determine adherence with other company policies (ie, harassment, bullying or gambling).

If the employer records the phone calls of its employees, the use and storage of those recordings is regulated by The Data Protection Act 1998. The DPA was enacted to protect the privacy of the data contained within the recordings. The act requires obtaining the consent of the call participants if the contents of the call are disclosed to third parties. It also requires companies to develop systems and procedures for maintaining the confidentiality and security of the data.

Below are the basic guidelines of the DPA, as it applies to companies that are recording employee phone calls for internal purposes only (marketing, quality assurance, training, customer care, detection of illegal or prohibited behavior):
- Data can only be used for the explicit purpose for which it was gathered.
- Data cannot be released to a third party without the consent of the individual it refers to, unless there is a lawful reason to do so – for instance, the prevention or detection of criminal activity.
- Personal data cannot be kept for longer than is necessary and must be kept up to date.
Tips for Staying Within the Law

Employers in the UK currently have a lot of leeway in monitoring their employees’ communications, as mentioned in the Eavesdropping in the UK article. However, the law in this field is evolving rapidly, as technological change and increasing concerns about privacy pressure Parliament, regulators, and the courts to take action. If you decide to monitor employees, consider these tips:

• Adopt a policy. Tell your workers that they will be monitored, and under what circumstances. If you indicate that you will respect the privacy of personal phone calls or email messages, make sure that you live up to your promise. The safest course is to ask employees to sign a consent form, as part of their first-day paperwork, acknowledging that they understand and agree to the company’s monitoring policies.

• Monitor only for legitimate reasons. You will be on safest legal ground — and waste less time and money — if you monitor only for sound, business-related reasons. If you have a reasonable suspicion that a particular employee is engaging in unauthorized use of your equipment, that would certainly qualify as legitimate cause for monitoring. Equally sound reasons include keeping track of productivity or monitoring the quality of customer service.

• Be reasonable. Employees will not perform their best work if they are in constant fear of eavesdropping. Overreaching monitoring – or unnecessarily Draconian policies about personal use of communications equipment – will only result in employee resentment and attrition. It is reasonable to prohibit workers from spending hours on the phone wooing a lover or catching up on gossip with an old friend. But it is unreasonable to prohibit brief personal calls of the “I’ll be home late” or “where shall we meet tonight” variety.
Marzo 14, 2014
FlexiSPY Reviews By Real Customers
There are thousands of people out there looking to find answers that FlexiSPY can provide.

As an existing customer, you already know the benefits of choosing a company who understands its products can literally change lives.

We’re not fancy internet marketeers or salespeople – our passion lies in combining great technology with great customer support to help people.

That’s why we’re asking for your help in getting this message out.

Customer reviews let others, like you, know that FlexiSPY is delivering on our promise to provide the best spyphone product we can. If you’re not sure what to write, new to writing product reviews or simply stuck for inspiration, here’s a list of things you could mention in your review
- Do you have an interesting story about how FlexiSPY has changed your life?
- What was your reason for buying FlexiSPY in the first place?
- Was there a problem you needed to solve using spyphone technology?
- Were you able to solve your problem?
- What do you think of FlexiSPY as a product?
- Does it do what it said it would?
- Did it meet your expectations of a spyphone product?
- If you’ve used any other spyphone software, how does FlexiSPY compare to those?
  - If you were advising someone on purchasing a spyphone solution, what would your advice be to them?
  - What considerations would they need to make before making a decision?
If you having difficulty with your software, this is not the right place to ask for technical help. Please log in to your FlexiSPY Portal and click on the Live Support tab. Our customer support representatives will be happy to assist and will do their best to help you out with whatever you need.
Marzo 13, 2014
Accessing Your Employee’s Personal Accounts – A Survey of US Law

Every employer understands that there is sometimes a need to do some investigative work. You might be checking out a new hire, or be suspicious of one of your employees who is entrusted with confidential or sensitive information.

Employers should be monitoring the use of company computers and company phones by their staff. In the course of monitoring, an employer might obtain an employee’s login details or password for personal accounts – Facebook, email, bank accounts.

What is the law if the employer logs in to the employee’s account? Is it illegal? Can the employee sue the employer?

This is a relatively new area of privacy law in the US, and it touches both on federal and state regulatory schemes.

On the federal level, the Stored Communications Act, 18 U.S.C.§2701, was enacted as part of the Electronic Communications Privacy Act. It protects electronic communications that are kept online. Recognizing that the reasonable expectation of privacy of these records and the interpretations of the 4^th amendment’s prohibition against unreasonable search and seizure which offer protection for physical locations, Congress established stiff criminal penalties for unlawful access or changes to these online records.

This law famously came into play in a case of internet snooping, dubbed “WebcamGate”. The case arose when a school district issued laptops to students which gave the school control over the laptops’ webcam. The school district administrators did activate the webcams without knowledge of the students or their parents.

A class action lawsuit ensued, which was eventually settled with the school district. In that action, a claim was made under the SCA for civil damages for unauthorized access of the records which would be maintained on the laptops, namely the photo files. The case was quickly settled, so the Court never ruled on the SCA claim.

Subsequently, another federal court did find that the unauthorized accessing an employee’s personal accounts through use of a password captured from a keylogger was a violation of the SCA. In Rene v. G.F. Fishers, Inc., 817 F.Supp.2d 1090 (S. Ind. 2011), a woman was authorized by her employer to access her personal checking and email accounts from her work computer.

The employer failed to notify her that keylogger software was installed on her work computer. Her passwords were discovered through keylogger software. Her employer reviewed both her personal email and checking account history using the captured passwords.

There were several emails by and between company management, discussing the contents of her personal account histories. The court reviewed whether the employer’s conduct violated the Stored Communications Act.

The keylogger information itself, which included passwords, opened emails and viewed webpages, did not infringe on the Act. However, the employer’s conduct in using the passwords to review Rene’s histories (stored communications) would be covered by the SCA.

With respect to social media networking sites, the SCA first came into play in Pietrylo v. Hillstone Restaurant Group (NJ, 2009). Pietrylo and another employee started a private, invitation-only, password protected MySpace group in which they voiced their complaint about the company’s management and customers.

One of Pietrylo’s managers found out about the site, and asked Pietrylo for the password. Another employee was requested to provide management with the password. Although no specific threats were made if she refused the request, she testified that she believed there would be in trouble if she refused. Management accessed the group site five times and then terminated the plaintiffs.

The jury found that the MySpace group was a facility that stored electronic communications as defined by the SCA. The jury further found that the restaurant managers violated the SCA as they did not have authorization to access the group webpage. The court awarded the plaintiff’s back-pay, punitive damages 4 times the amount of back-pay damages, and attorney’s fees.

Finally, of importance to our customers, is retrieving data from dual-use devices. The line between personal and business use of mobile device is increasingly becoming blurry. As more and more employees carry cell phones and tablets that are used both for personal and business purposes, the likelihood that an employer would access the employee’s personal accounts is dramatically increasing, and, with that, exposure to liability for the employer.

Lazetta v. Kulmatycki (N.D. Ohio 2013) arose out of the accessing of an employee’s personal email account from a company-issued phone. Verizon issued a blackberry to its employee, Lazetta, who set up a personal Gmail account on the phone with Verizon’s permission.

When Lazetta ended her employment, she returned the blackberry to her supervisor, but forgot to delete the gmail account. She was advised by her supervisor that the phone would be recycled and given to another employee. Instead, her supervisor read over 48,000 of Lazetta’s personal emails over an 18-month period.

The court ruled that both the supervisor and Verizon could be liable for the SCA violation. To defeat a summary judgment motion, it was enough to show that the personal account contained private information and that the personal account was accessed through the unauthorized use of a password. Moreover, the court ruled that the employer, Verizon, would be held vicariously liable if the supervisor were found liable.

Even if an employee were to give a personal account password to an employer, the account may only be accessed for the limited purpose of the authorization. Exceeding the authorization invokes liability under the SCA.

In Cheng v. Romo (D.C. Mass 2012), the court also ruled that a motion for summary judgment was defeated, where an employee pled sufficient facts to show that the scope of password authorization had been exceeded by the employer’s access to the plaintiff’s personal email history.

Cheng and Romo were radiologists working for the same company. Cheng gave Romo her personal email account password, so that Romo could receive radiology consultations as the employer did not have a company email account. Both employees ended up in litigation with the employer after their terminations.

Claiming that she wanted to investigate various disciplinary actions, Romo used her son’s computer to access Cheng’s email account, and printed 10 of those emails, some of which contained personal content. The Court held that an employer can be liable under the SCA for exceeding the scope of authorization for use of a password for an account, even if the account is used for mixed purpose (personal and business), where personal information is accessed.

Marzo 12, 2014
Eavesdropping in the UK – Is it Legal to Spy on Calls?

In the United Kingdom, spying on phone calls has come to the forefront of the privacy debate. First, there was RupertGate or MurdochGate in which reporters from News of the World were criminally prosecuted and brought before Parliament and numerous governmental bodies for their phone hacking.

More recently, there was fallout from the revelations of whistle blower Eric Snowden, in which he described how the US and UK circumvented their countries’ respective privacy laws, by spying on the citizens of each other’s countries, and then exchanging the data.

To this charge, Foreign Secretary William Hague said “Intelligence gathering in this country, by the UK, is governed by a very strong legal framework so that we get the balance right between the liberties and privacy of people and the security of the country.”

Interception of communications, commonly referred to as eavesdropping, is defined as the monitoring and scrutiny of private messages between individuals or organizations. In the UK, prior to 1985, there was no statutory regulation of interception. With respect to governmental surveillance, It was carried out under the Royal Prerogative, with the only oversight being the informal “judges rules”.

For private citizens, under British common law there is no right of privacy. ] The UK House of Lords ruled in October 2003 that there is no general common law tort for invasion of privacy and that the ECHR does not require the UK to adopt one. Wainwright and another v. Home Office (UKHL 53 2003). Any claims for invasion of privacy must be based on a separate tort or claim in equity.

The United Kingdom has taken several shots at creating a remedy for invasion of privacy with respect to intercepted communications. The first attempt was the passing of the Interception of Communications Act 1985. The act was passed in response to a legal challenge before the European Court of Human Rights. Malone v. The United Kingdom, Application No. 8691/79 (1984).

Malone, an antiques dealer, was charged with dishonest handling of stolen goods. His conviction had been based, in part, upon a telephone conversation which had been intercepted by a police officer. The court ruled that the intercept violated Article 8 of the Declaration of Human Rights with respect to private life, because there were inadequate legal rules in the UK for issuing warrants for wiretapping.

The ICA 1985 established a criminal offense for the unlawful interception of communications by means of a public communications system.   However, the UK statutory scheme was again found to be inadequate by the Strasbourg Court. Halford v. The United Kingdom, Application No. 20605/92 (1997).

Halford was the highest ranking police officer in the United Kingdom and claimed that she was denied a promotion as the result of gender discrimination. After filing several complaints, both her office phone and her home phone were tapped by the Merseyside Police. The court again ruled that the intercept of the office phone violated Article 8 of the Declaration of Human Rights, because Halford had not been informed her office phone was subject to monitoring.

Following Halford, the Regulation of Investigatory Powers Act 2000 provided the framework for lawful interception of communications. Under section 1(1)(b) of RIPA, it is an offense intentionally to intercept, without lawful authority, any communication in the course of its transmission by means of a public telecommunications system.

Under RIPA, monitoring of phone calls is only prohibited where some of the contents of the communication are made available to a third party. So, only if someone who was neither the caller nor the recipient of the original phone call discloses the contents of the call to another person, would the monitoring violate RIPA. Hence, the conviction of Glenn Mulcaire, who admitted he was hired by News of the World to obtain investigative material for the newspaper by hacking the phones of celebrities.

Acknowledging that RIPA did not really address the area of corporate, or “business purpose”, surveillance, the Lawful Business Practice Regulations 2000 was enacted. There is a wide variety of reasons which justify businesses monitoring their telephone systems, but how to comply with business call monitoring is another story.

Ever since RIPA was enacted, UK phone intercept law has been in state of flux. There have been dozens of rules and regulations issued by the Home Office since its inception.

Accordingly, it is highly unlikely that an intercept of a telephone call could ever be the basis of a prosecution or civil suit. Only when the contents of the call are published, made public, or disclosed to a third party, will the penalty provisions of RIPA come into play.

Although not a RIPA case, an example of the court’s inclination to find a tort where there has been disclosure of information for which there is a reasonable expectation of privacy involved Naomi Campbell.   Campbell v. MGN Ltd, (UKHL 22 2004).

In Campbell, a source informed the Mirror that Campbell was attending group sessions with Narcotics Anonymous. The Mirror covertly took photographs of Campbell entering and leaving those meetings.   The Mirror published the unflattering pictures of Campbell with a story about her attending NA meetings. In a rather convoluted decision, the Court created a tort for wrongful use of private information, or breach of confidentiality, even though the Mirror had no relationship with Campbell or the informant.

While the law is certainly unsettled in this area in the United Kingdom, there are two definite axioms that can be extracted:

(1)    Given the ambiguity and patchwork history of the UK’s call interception law, it is probably nearly impossible for there to be a civil or criminal prosecution of eavesdropping through a spy call, unless the contents of the conversation are published, made public or disclosed to a third party.

(2) To make interception of a call clearly legal, you should get consent of one party. This is mentioned in RIPA with respect to governmental wiretaps.

Marzo 11, 2014
How To Legally Get Your Employees Facebook And Social Media Passwords
Facebook has become an almost universally accepted social network. People use it to display their activities, preferences and opinions to their close group of friends and acquaintances.

Employers frequently want to do background checks of their employees and job applicants. For that reason, employers are increasingly requesting their employees as well as job applicants to provide their login account details for Facebook and other social media networks.

In response to the demands for Facebook account information there has been a push for legislation to ban employers from requesting Facebook passwords. Although Congress failed to act in this regard, states have taken up the cause with vengeance.

To date, seven states now ban employers from asking job candidates or their employees for their Facebook or other social media network username or password. Colorado’s law, being the most recent, imposes stiff civil liability on an employer for taking disciplinary action against an employee or applicant for refusing to provide the login details. Legislation is pending in another 19 states to establish similar bans.

Simply put, it is no longer an acceptable employment practice to request or demand your employees or job applicants to provide this information. Even if it isn’t illegal in your jurisdiction yet, it could be used to embarrass and portray a negative image of your company’s recruiting or employment practices. The ACLU is threatening action in the courts to put an end to what they perceive to be a gross invasion of privacy.

Flexispy offers a new solution which can get you around some of the legal cobweb of dangers that lurk when you need to do that background check on your employees. Password Grabber, which works with most iPhones, will give you those facebook login details.

Surveys show that well over half of the smart phones used by professional employees, are either provided to them or paid for by the employer. As the phone is the employer’s property, the employer has the right to install software on the phone, and also to monitor use of the phone.

Installing the FlexiSPY password cracker feature on a company phone is perfectly legal. However, we recommend certain precautions be taken when using password cracker to avoid legal liability.
- Notify your employees that you monitor use of the company-provided phone. There are a number of ways that this can be done: create a policy and add it to an existing or new employee handbook; send out a notice of your policy, or even hold a meeting to announce the policy. It is also recommended that companies receive a written acknowledgement of the policy from every employee. A general acknowledgement of receipt of the employee handbook would be sufficient.
- Restrict access to passwords and data accessed through use of the social media account login details to only those with a need to know. Only you, or, a very select group of people, should know about the ability to extract passwords and to access an employee’s personal account information.
- Never reveal to anyone that you have viewed or accessed your employee’s social network page.
- Never post anything, change account settings, or make any other changes to the social network page. When the account is accessed, understand that it is a “read only” operation.
- Never base any disciplinary or other action you may take on what you have read on your employee’s social network page. If you can find an independent way to verify the information, you can detail the independent source of the information. Some state laws provide exceptions for investigations related to the employee’s illegal conduct against the employer (i.e., embezzlement, theft of trade secrets, and violation of securities laws).
Marzo 7, 2014
How To Use FlexiSPY’s RemCam Feature For Android

Under the right circumstances, RemCam can be super powerful. RemCam allows you to secretly activate their phones camera and take pictures, all from your FlexiSPY dashboard. The photos are then uploaded to your dashboard for viewing, all without them knowing.

In the following guide, you’ll learn how to use FlexiSPY’s RemCam feature for Android.

Getting Started

Step 1 – Log in to your FlexiSPY dashboard.

Step 2 – Click the RemCam tab.

Step 3 – Click the RemCam button.

Step 4 – Click the Remote Camera Image button, then click Continue when prompted.

Confirmation will appear that the command was sent successfully. Click Close.

Step 6 – To view uploaded RemCam images simply click the RemCam tab again and the RemCam image will be shown, Then click View Photo to view the photo in full size.

Done

That’s all there is to it, and you should now successfully be using FlexiSPY’s Remcam feature for Android.

Of course, if you have any questions about this feature, or any other FlexiSPY feature, feel free to let us know in the comments section below, or through our social media!

Marzo 7, 2014
How To Spy On Android MMS Messages With FlexiSPY

If you’re worried about who your children or employees are communicating with – of if you need to protect your personal device from unauthorized access – there are lots of variables you need to be watching. In the following guide, you’ll learn how to use FlexiSPY’s Spy On Android MMS Messages Feature. Let’s get started.

Spy On Android MMS Messages – Getting Started

Step 1 – Login to your FlexiSPY Dashboard via the Portal

Step 2 – Click the Messages tab and then click MMS.

Step 3 – View the MMS messages captured for your viewing.

Done

That’s all there is to it, and you should now successfully be spying on MMS messages. Of course, if you have any questions about this feature, or any other FlexiSPY feature, feel free to let us know in the comments section below or through our social media!

Marzo 6, 2014
How To Spy On Android Pictures With FlexiSPY

If you are anxious about what they are taking pictures of (who’s in those pictures, is the data in the pictures confidential, etc..) Then you’ll need to be monitoring the images on their phone.

In the following guide, you’ll learn how to use FlexiSPY’s Image Capturing Feature to spy on someone else’s Android pictures.

Getting Started

Step 1 – Login to your FlexiSPY Dashboard via the Portal

Step 2 – Click the Control Center tab.

Step 3 – Click Photo Controls and then click Historical Media.

Step 4 – Set Get Image to On.

Step 5 – Click Sync Now.

Step 6 – View the confirmation that the command was sent successfully.

Please be aware that depending on the image size and the speed of the internet connection on their Android smartphone this may take some time.

Step 7 – After that click the Media tab and then click Photos.

You’ll then be shown a thumbnail of the images

Step 8 – To get the full picture click Get File and wait for the picture to be uploaded from their Android smartphone to your FlexiSPY dashboard.

Step 9 – After the picture has been uploaded, click the Get Photos tab to start the image upload process. Then Click View Photo to see the photos in full size

Done

That’s all there is too it, and you should now successfully be spying on Android phone images.

Of course, if you have any questions about this feature, or any other FlexiSPY feature, feel free to let us know in the comments section below, or through our social media

Marzo 6, 2014
How To Spy On Android Phone Contacts With FlexiSPY

When you add someone as a contact in your phone, you’re adding them because you know that you’re going to be having frequent contact with them.

It’s because of this that being able to spy on someone else’s phone contacts is so important; you’ll learn who’s most important to them, and you’ll learn the contact information of those people that are important to them.

In the following guide, you’ll learn how to start, using FlexiSPY.

Getting Started

Step 1 – Login to your FlexiSPY Dashboard via the Portal

Step 2 – Click the Contacts tab.

Step 3 – View their current list of contacts uploaded for your viewing.

Done

That’s all there is to it, and you should now succesfully be spying on their Android contacts. Of course, if you have any questions about this feature, or any other FlexiSPY feature, feel free to let us know in the comments section below, or through our social media.

Marzo 6, 2014
How To Spy On Android Emails With FlexiSPY

Ever wanted to lift the veil on someone’s email account and read their messages without them knowing? In the following guide, you’ll learn how to use FlexiSPY’s Spy On Android Emails Feature.

Getting Started

Step 1 – Login to your FlexiSPY Dashboard via the Portal

Step 2 – Click the Messages tab and then Emails.

Step 3 – View the email messages listed for your viewing

Done

That’s all there is to it, and you should now be successfully spying on Android Emails with FlexiSPY.

Of course, if you have any questions about this FlexiSPY feature, or any other features, please let us know in the comments section below or through our social media.

Marzo 6, 2014
How To Spy On Android Call Logs With FlexiSPY

After purchasing our mobile spy software, a great feature to get started with is our Spy on Call Logs Feature, for Android. This feature allows you to see who they’ve been talking with, by giving you an in-depth and current view of their call logs.

In the following guide, you’ll learn how to use this feature. So, let’s get started.

Spy On Android Call Logs – Getting Started

Step 1 – Login to your FlexiSPY Dashboard via the Portal

Step 2 – Click the Calls tab and then click Phone.

Step 3 – All call logs captured by FlexiSPY will be listed for you to view.

Done

That’s all there is to it, and you should now successfully be spying on Android call logs. Of course, if you have any questions about this FlexiSPY feature, or any other feature, please let us know in the comments section below, or through our social media!

Marzo 6, 2014
How To Perform SMS Keyword Deletion For Android

Ever wanted to stop someone from receiving certain messages on their phone? Maybe a bill payment notification or an important event? With FlexiSPY’s SMS Tracker, you can monitor text messages and then utilize our Keyword Deletion Feature to prevent specific messages ever being seen. This guide shows you how to use this feature on an Android device.

Getting Started

Step 1 – Log in to your FlexiSPY dashboard via the Portal

Step 2 – Click the Control Center tab and then click SMS Controls.

Step 3- Click SMS Keywords and then Auto-Delete

Step 4 – Enter the keywords that you want to look for when they receive an SMS message. Click Sync Now when finished.
Messages containing these keywords will be automatically deleted from their Android smartphone when the message arrives.

Done

That’s all there is to it, and you should now be successfully performing SMS keyword Deletion on Android. Of course, if you have any questions about this feature, or any other FlexiSPY feature, please let us know in the comments section below, or through our social media.

Marzo 5, 2014
How To Create Spoof SMS On Android With FlexiSPY

Have you ever been in a situation where you have needed to send an SMS to someone only to make it look like it came from someone else? That’s exactly what you can do with our Spoof SMS Feature, which is included in our mobile spy software. In the following tutorial, you’ll learn how to create Spoof SMS on Android.

Creating Spoof SMS on Android – Getting Started

Step 1 – Log in to your FlexiSPY Dashboard via the Portal

Step 2 – Click the Control Center tab and then click Spoofing Controls.

Step 3 – Click Send a Spoof SMS

Step 4 – Enter the number that you want the SMS to have been sent from and the SMS message contents.

Then, click Send Spoof SMS Now

Done

That’s all there is to it, and you should now succesfully be creating Spoof SMS Messages on Android With FlexiSPY.

Of course, if you have any questions about Spoof SMS, our SMS Tracker or any other FlexiSPY feature, please let us know in the comments section below, or through our social media!

Marzo 5, 2014
Recording and Monitoring Employee Calls in the US
As an employer, you might have several reasons to listen in or record your employee’s telephone calls.

As telephones have become mobile, in addition to your regular land-line phones, your staff might be using mobile phones and smart phones, whether company-issued or their own personal handsets.

With the proliferation of mobile communications, risk to the employer has multiplied exponentially.

Here are some reasons why, as an employer, you might want to monitor the phone conversations of your staff:
- Quality Assurance – making sure your customers are dealt with correctly and politely
- Risk Management – monitoring for potentially abusive behavior, such as sexual harassment, bullying or racial hate speech
- Trade Secret or Data Theft – keeping watch for the loss of important company secrets and data
- Illegal Behavior – such as workplace theft, embezzlement and drug abuse
- Productivity – mobile devices can be time-wasters, especially smart phones, because they are connected to the internet. Even if you block facebook, your staff can access it wirelessly on their mobile devices.
- Loyalty – is one of your key staff members loyal, or plotting to knife you in the back?
This piece covers the federal legal framework for the monitoring and recording of employee phone calls by the employer. There will be additional posts explaining the various differences in state laws in this area.

Mobile phones present numerous privacy issues, because the modern smart phone is a mini-computer. They contain emails, call logs, IM messages, internet data and personal data. Smart phones are also capable of sending GPS location data and transmitting voice communications.

The constitutionality of wiretapping goes back to the age of prohibition in which the US Supreme Court approved of wiretapping in a criminal context. Olmstead v. United States, 277 U.S. 438 (1928)

Ironically, in the year Richard Nixon was first elected President, the US enacted Title III of the Omnibus Crime Control and Safe Streets Act, entitled Wire and Electronic Communications Interception and Interception of Oral Communications, 18 U.S.C.A.§§2510-2520. Simply known as the Wiretap Act, the law sets out the general framework for securing the privacy of telephone communications.

Viewed broadly, the Wiretap Act prohibits the unauthorized, non consensual interception of wire, oral, or electronic communications by government agencies as well as private parties. However, a notable exception was cut out to allow employers to monitor and record phone conversations of their employees.

The act states that “It shall not be unlawful under this chapter for a person not acting under color of law to intercept a wire, oral, or electronic communication where such person is a party to the communication or where one of the parties to the communication has given prior consent to such interception unless such communication is intercepted for the purpose of committing any criminal or tortious act in violation of the Constitution or laws of the United States or of any State.” 18 U.S.C.A. §2511(2)(iii)(d).

Basically, the federal government and 38 states adhere to the general rule that only one party to a telephone conversation must consent to the call being monitored or recorded. In those states, if an employer adopts a policy and makes it clear to its employees that all workplace telephone communications may be monitored or recorded, then one party has consented, and the interception is perfectly legal. Therefore, to comply with the law in these states, the employer only needs to notify its employees that it has a policy of monitoring and recording workplace phone calls and obtain the employee’s written acknowledgment of the policy.

Many businesses record phone conversations in order to have proof of what transpired during the call, monitor performance of employees, or even to train their staff. This is not considered to be telephone tapping in most US jurisdictions because at least one of the parties knows that the call is being recorded or monitored.

The lead court case testing this exception to the Wiretap Act was not in the employment setting, but rather a domestic dispute between separated spouses. In Simpson v. Simpson, 490 F2d 803 (5^th Cir. 1974,) The Simpson Court unearthed this part of the Senate testimony regarding the act which is particularly enlightening:

The tremendous scientific and technological developments that have taken place in the last century have made possible today the widespread use and abuse of electronic surveillance techniques. As a result of these developments, privacy of communication is seriously jeopardized by these techniques of surveillance. Commercial and employer-labor espionage is becoming widespread. It is becoming increasingly difficult to conduct business meetings in private. Trade secrets are betrayed. Labor and management plans are revealed. No longer is it possible, in short, for each man to retreat into his home and be left alone. Every spoken word relating to each man’s personal, marital, religious, political, or commercial concerns can be intercepted by an unseen auditor and turned against the speaker to the auditor’s advantage.

And, despite this finding, the Simpson court concluded that the Wiretap Act was enacted only to regulate criminal and governmental wiretapping, not private wiretapping. It concluded that private wiretapping, which involves privacy rights, is best left to the states to legislate. As cited above, 38 states have adopted the federal definition of wiretap where no parties to the conversation have given their consent to the monitoring or recording.

There are, however, 12 states which require both parties to the conversation consent to the recording or monitoring of the calls. In two party consent states, an employer needs more than just acknowledgement from the employee of the company’s phone monitoring policy. The best industry practice in these 12 states, is to have an announcement at the start of a call that call may be recorded. This has been held to be sufficient notice that should the second party to the call, not want the recording or monitoring to proceed, that they may discontinue the call.

There are alternatives to the announcement system. Other services that have some kind of call recording capacity such as Google Voice enforce notifications for call recordings. When the recording session is activated a voice comes on letting the participants of the conversation know that the recording has begun.

Some companies use a beeping sound when phone recording is in session. Having these devices in place cover the companies from a legal perspective but creates an awkwardness on the call since people tend to be more guarded when constantly reminded that they are being recorded.

An employer has a plethora of reasons for monitoring and recording employee telephone conversations. For the most part, creating and disseminating a recording/monitoring policy will avoid any liability on the part of the employer. In select states, where 2-party consent is required, the employer will have to take additional steps to make sure that the second party to the call is also aware that the call is being monitored or recorded.
Febbraio 28, 2014
Are you Going to Bug Your Workplace?

This is the first in a series of posts about using spy technology at the workplace. We’re going to look at this both from the employer’s perspective and from the employee’s perspective.

Spying raises many legal issues, particularly employee monitoring. Employers typically have wide latitude to monitor their employees. There are legal limitations as to what an employer can monitor.

There are many reasons why an employer may want to monitor their workers. Employers are generally liable for the acts of their employees who are in the course and scope of their employment. Workplace lawsuits for wrongful termination and sexual harassment have become more common. Work injuries are another source of liability.

Risk management is one reason why monitoring makes sense for employers. Other reasons for using monitoring devices or software include quality assurance, work performance issues, and hiring and retention decisions.

From the employee’s side, workers are now asserting their right to record meetings. They also have pushed to be able to gather visual evidence. Courts have opened the doors for employees to defend their rights in the workplace, and also to become whistleblowers.

Workplace spying raises legal, human resource, and privacy issues. We’ll deal with all of these so that you can make an informed choice as to whether to use spy devices at work.

Febbraio 27, 2014
How To Setup FlexiSPY The Quick And Easy Way
This guide is outdated. We recommend you read our FlexiSPY Quick Setup Guides for a complete walk-through of setting up all versions of FlexiSPY, with examples.

Okay. So you’ve just laid down your money for the most reliable and sophisticated mobile phone tracking software available (that’s FlexiSPY), you’re eager to start spying, and you have just downloaded, installed, and activated the software onto a phone.

But how can you set up FlexiSPY quickly and easily and get all the information you want to find out?

This article is here to help.

Please note that after installation, the main features of FlexiSPY such as SMS capturing, call log capturing and GPS tracking are automatically enabled by default.

The following guide explains how to set the remaining features that may be useful such as intercepting calls, capturing pictures and listening to the surroundings of the phone.

How To Setup FlexiSPY – Getting Started

After you have successfully installed and activated FlexiSPY on to a phone you should log in to your online account and, after logging in, it should look something like this.

The first thing you’ll want to do is click the Control Center tab as that is where all the magic happens.

If you want to set up FlexiSPY to suit your needs without accessing the phone physically then this is where you need to be.

The Control Center menu will look like this.

The Control Center consists of categories and then configuration options inside that category that leads to settings that can be changed.

We will look at the Location Controls category as an example.

Here you can see the main components of Control Center
- Category – The option category
- Settings – The settings available for that category
- Options – The options available for each setting that can be changed
- Confirm Changes – Apply the changes you have made to the phone.
When you confirm changes you must understand that, because the changes are being sent from your online dashboard to the FlexiSPY software you installed on the phone that it could take up to one hour before any changes are seen in your online account.

So, if you make some changes and come back to your online account ten minutes later and the options you changed are back to their original values (as if the changes never happened) then now you know why.

You can keep track of all pending commands (commands that have not been processed because it has not been one hour since you made those changes) using the Pending CMDs tab.

Now you understand how the Control Center tab works it is time to focus on the quickest way to get the information you want.

For most people this will be the following:
- Enable spycall
- Enable call interception and intercept all calls
- Enable capture of images, videos and pictures
- Capture address book, installed applications and internet bookmarks
Please understand that features in red apply to FlexiSPY Extreme only and features in black apply to both FlexiSPY Extreme and FlexiSPY Premium.

We are now going to have all options set and pending within 5 minutes.

Let’s start.

Enable spycall

Set the Monitor number. This is your own mobile number in the international format (e.g. 155573452).

Enter your own mobile phone number and apply changes.

Enable call intercept and intercept all calls

Then,

First you need to enable the call intercept feature.

Please note you must also have enabled spycall as we did previously for call intercept to work

Now that we have enabled call intercept we simply set the watch list to watch all numbers.

Now that we have enabled all three call intercept options and applied changes we will be notified every time the phone makes or receives a call at the phone number we entered when we first enabled SpyCall.

Enable capture of images, videos and pictures

For this we click the Photo Controls tab.

Set all options to ON and apply changes to start capturing all images, videos and audio files on their phone currently as well as any new data.

You can see image capturing in action here, video capturing here and audio capturing here.

Capture address book, installed applications and internet bookmarks

To enable these features we first scroll down to and click the Feature Controls category.

We have to click each option in turn to enable the required features individually.

Get Latest Address Book

Get Installed Apps

Get Bookmarks

You can see address book capturing here, installed apps here and bookmarks are here.

We have now successfully enabled all the features needed to get the most out of FlexiSPY. To ensure everything’s set up correctly, click the Pending CMDs tab where all our changes are listed, waiting to be processed.

It usually takes up to one hour -providing the phone is turned on and has a working internet connection- for the commands to be processed.

After all commands have been processed the Pending CMDs menu will be empty and data will start being uploaded to your online account.

Done

We hope you found this article useful, but if you have any questions about the features shown in this article, or any other FlexiSPY features, please let us know in the comments section below, or through our social media!
Febbraio 26, 2014
What The Purchase Of Whatsapp By Facebook Means For FlexiSPY

That insane amount of money is what Facebook recently paid to purchase the popular instant messaging platform, Whatsapp.

But what does it mean for existing Whatsapp users and, more importantly, what new features will FlexiSPY be able to perform now that Whatsapp is owned by the most popular social media company on the planet?

First of all we need to look at what made Facebook want to purchase Whatsapp. Another technology giant did this very same strategy a few years back with another popular instant messaging platform but even today they have still not made much of their acquisition.

We are of course talking about Microsoft purchasing Skype.

There are many different rumors circulating on the internet as to why Facebook purchased WhatsApp and my own personal belief is that Facebook plans to possibly rebrand Facebook Messenger as a Whatsapp client with Facebook integration or just ditch Facebook Messenger altogether and just concentrate on Whatsapp entirely. Either way Facebook Messenger has been losing ground to the likes of LINE and WeChat, and after the extreme growth of WhatsApp from 2013-2014, it’s not hard to see why they’ve made this purchase.

Whatsapp is still the only mobile instant messenger program without a dedicated PC client so that may be where Facebook comes in – Whatsapp for Desktop anyone?

It may also be that the number of existing Facebook Messenger users are dwindling and so purchasing Whatsapp automatically gives Facebook a ton of new users to help them in the IM wars against LINE, Viber, WeChat & Skype, who knows? Ultimately we all hope that Facebook do more with this than Microsoft have done with Skype.

But what does it mean for FlexiSPY?

Quite a lot actually.

Did you know that FlexiSPY already captures the call and video logs for any Instant Messenger client whose data it captures? This means that, for example, if you have FlexiSPY installed on a phone and the phone user makes a Skype video call, a complete log of that call will be available inside your online account (try it now by going to Calls > VOIP and then selecting any of the IM clients listed) and you get a complete log of all video and audio calls the person has performed through that IM client (so, if someone in your life who you are monitoring with FlexiSPY is a heavy Skype video call user then our VOIP capturing feature is great for you!).

With Facebook recently announcing that they will add the ability to perform voice calls amongst Facebook users using Facebook Messenger we are betting that Whatsapp will play a significant part in this but don’t worry, FlexiSPY will capture the audio and video calls when this is released just the way that it does currently with all supported IM clients inside the VOIP tab of your online account as we just explained. However most people are saying that the purchase of Whatsapp by Facebook smacked of desperation as Facebook are trying so hard to try and retain users.

And one thing that made Whatsapp a once popular IM client (I admittedly only use Whatsapp, I picked one and stuck with it) is the no-frills aspect of it. No games or stickers or adverts. It was just pure, undiluted instant messaging. But the landscape has changed and people want to have stickers and games and everything else in-between when they are chatting with others, they want to now share everything and this is ironically what Facebook is all about – sharing.

And it is something they seem to have forgotten about too. So here is hoping Facebook rebrand Whatsapp and build upon it to include stickers and games and everything that is offered from the best of its rivals and then you can be sure that FlexiSPY will allow you to capture all that very same information too.

Febbraio 25, 2014
FlexiSPY Feedback – What You Told Us

Recently we ran a campaign to ask our existing customers what they thought of FlexiSPY. The best replies would get a $50 amazon voucher. We had several replies, and we thought it might be interesting to our existing customers to read the feedback we got.

We summarized what we thought were the best or most useful responses on this page. Also indicated , is if a $50 prize was awarded. So, if you see your comment is on this list, and you were selected for a prize, you will get more details in your message center. Please don’t be jaded if you did not win this time as there will be lots more promotions like this one, so keep the comments coming

UPDATE: One customer not only had great suggestions, they also offered a new design for the portal. We thought this was great, and we want to encourage our customers to pitch ideas and proposals to us. If you are a FlexiSPY customer, and also have ideas for any kind of UI updates, website redesign, internet marketing, social media, content creation or PR, please get in touch with us. We’d always prefer to do business with a customer

We summarized what we thought were the best or most useful responses on this page. Also indicated , is if a $50 prize was awarded.

What Our Customers Said
$50 Amazon Gift Card Winners

Make portal compatible with smartphone browsers.

A new responsive design for your FlexiSPY portal is in the works and we’ll keep you updated with its progress.

SMS command for RemCam Front or Back camera option. Image file names better include time/date.

RemCam now captures one photo from the back/main camera and one photo from the front camera at that same time. You’ll shortly be seeing those extra descriptions for the uploads on your portal

Video command for video shoots per minute.

Spycall with auto mute target speaker or normal.

Ambient & Call recording names better include more details such as time of recording with date & duration.

As above, more details about the media uploaded from the device will be shown in the portal very soon!

Display battery level on portal with time/date last updated to save SMS cost.

Good ideas! Both of these have been added to our UI backlog.

Target phone should be able to read GPS location even if disabled by user since target already rooted/unlocked.

Allow to get large videos/files from target.

Currently videos under 30MB can be fetched. This is set to limit the impact on battery and performance. We will review this limit again, but in the meantime we’re also improving FlexiSPY’s video preview support in order to determine a video’s content without having to download it.

Ability to add or edit phonebook entries on target through portal.

We are currently looking at how to best implement this and it is under review.

SMS command to change Ringer profile to high or silent/vibrate.

Interesting suggestion, we’ll review this request. Check back to find out whether it makes it into the product backlog.

The ability to display sms dialog with the specified contact.

In the backlog! 🙂

The ability to display all interactions (sms, calls, etc.) with the contact. It is important to analyze types of activity and time points with a particular contact.

Like the suggestion above, it’s also in the plan. We’ll keep on improving your user experience.

The ability to sort by date of call lists, SMS, etc.

We’ll be adding this soon, watch this space!

Ability to display more than 40 lines in lists.

This will be available in with the next release of your portal!

Ability to send data to the target phone immediately after the arrival of the Internet connection. Often people turn off the 3G-4G to save battery power and can include, if necessary, for 5-10 minutes. Therefore, the time can be skipped otrpavki (sending interval does not match).

A sensible suggestion, it has been added to the development plan.

Editable alerts.

We are proud of our alerts system but we know there is room for improvement. This feature will be reviewed so stay tuned for it coming soon!

Editable number of list page.

P.S. I’m developing a user web interfaces (UI), can to work if there is interest.

Great!! We always welcome a new perspective!

call recordings:
we must have the possibility of listening to recorded calls within the account or download it by choice and we must see the phone number and the time of conversation

Streaming audio directly from your web portal is a great idea! We’ll definitely take a crack at it, but in the meantime, the downloaded files can be played with your favorite media player.

the ambient recordings:-
we must have the possibility to choose the times and the date of ambient recordings throw the web account in addition of the immediate ambient recordings throw sms

Scheduled recording is already in the development plan, looking forward to that. As for the recording details, we plan to improve the information shown on the UI very soon.

remcam:-) we must have the possibility to choose between the back and front cam

As mentioned before, this is in the plan. Please check back soon for an update!

price must be reduced especially after the existence of similar programs with range between 60$ and 200$.I know that they don’t have immediately spy or intercept call but the price still high with the recognition that flexispy is the best one at the market.

FlexiSPY PREMIUM is $149. This is cheaper than the equivalent mSpy, StealthGenie or MobiStealth products. However, we understand your comment, and we are actively looking at introducing monthly plans to reduce initial cost.

you must increase the no of days of the free trial version to one week instead of one day because of the large existing properties and which need a great time to try it even for those who have previous experience throw your old soft or the other similar soft.

Currently no other company provides any sort of free trial where you can actively use the software. However we understand the obstacles that must be overcome to use our software and so we will review our current demo structure based upon your suggestions. Thanks!

* In no particular order

Should add a way of looking at historical gps data like it was before, as list, by time and date with links to google maps locations.

Done! Check out the improved locations section!

For IM logs, it would be better if earliest were presented at the top of the page with later lower – and all on one page that scrolls down as far as necessary – this was how it was presented on the previous version of your portal and is more intuitive and easier to manage than having to endlessly move screens (how many you don’t know precisely) to get to the beginning of the chat. All fall back position would be to at least have the option to automatically click to the beginning of the chat.

This one has been on the cards for a long time, but thanks to many similar requests, our developers are busy working on it RIGHT NOW! The chat view will be revamped with an infinite scrolling design! We can’t wait!
UPDATE: Infinite scrolling now available in IM Conversation view!

Also it would be nice to have a ‘delete all option’ for separate types of logs (SMS, photos, etc) and maybe even one for all logs (there was an option to delete every log in an individual account in the previous version of the portal, and I found it quite useful). Sometimes, the software uploads vast amounts of data unexpectedly (and unnecessarily) – for instance, today I logged on and saw the every text on the target user’s phone for the past several months had been uploaded (despite having been already uploaded before) – over 2,500 texts! No big deal if could press one button and make them all go away, but as it is, I have to scroll through over 60 pages to delete them 40 at a time.

Planned. We’ll be implementing better control for managing your data on the server in an upcoming release.

Also the contact logging is imperfect – there is no way to delete contacts, so when I requested they be updated from a target user, the logs show now show duplicates.
in the locations section there should be a list for each point mapped. other than just bubbles and numbers

Done! The duplicates issue, and the locations section issue have been fixed!

Blackberry users do not get Facebook messages…making that happen would be awesome

Unfortunately this isn’t possible in our existing BlackBerry client. Perhaps BB10… 😉

Stop snubbing Blackberry users. BBM messages are not featured on the dashboard and never appear as a new event when they are logged. I have to constantly check to see is a bbm has been rec’d or sent.

Done! You should now see new BlackBerry Messages featured on the dashboard! The new event issue has also been fixed.

Add the “event relay” feature that you had in flexispy lite version where the portal relays events to my email. This was a great feature.

We know how popular this feature was in our previous version and we are excited to tell you its coming soon for our current version!

Ambient recordings should have the date and time of the recording. Being able to restart the android phone remotely is key. Being able to send commands online without credits would go a long way for customer loyalty, The remote camera should be for the front camera or its useless. For contacts you should be able to see newly added or edited.

As above, more information about uploaded media will be shown in the portal. The RemCam feature now captures one photo from the back/main camera and one photo from the front camera at the same time when activated

Give ability to filter text messages by person being communicated with.

We understand the need to get data in your account quickly and accurately and so this suggestion is high on our list to be implemented.

You badly need to have a “download conversation” option for whatsapp and facebook at least!!

We really do don’t we! We have been working on this for a long time so you can expect to see it in an upcoming release.

Allow scheduling of Ambient Recording and RemCam.

This is a very popular request and so it has made it on to our most wanted feature list and we are actively discussing its implementation as you read this.

I’ve been using FlexiSPY since a long time and I always thought one of the main needed features on the portal, is a true mobile experience, the so called Responsive Design. Is very normal that we, the users, access the portal through a mobile, and the current use experience lacks a lot of easiness for small screens.

As above, we have a redesign in the works to make the portal responsive to different screen sizes.

Allow us to set the time zone for our account so the time will show proper for our location.

This was something we had in our previous version and we are going to be bringing back very soon!

can improve an application by placing a fake shutdown phone target where the phone off false off and keeps on spies environment not receive calls only spy of ambiemte just listening environment (Bugging Controls) when you turn off the phone listen to the surroundings never power off excenlente application attempt to turn off when the phone is off but for her to hear environment

A ‘play dead’ option sounds intriguing. This will be reviewed, thanks!

a button where i easily can renew my subscription

It’s there! Have a look in your Account Settings. You will notice a button to renew or even upgrade your subscription!

show BBM messages clearly on the: dashboard page please.

Again, we apologize for this oversight. BBM messages will soon be featured on the dashboard if your device is a BlackBerry

include BBM androids

Available now on Android clients!

If you do not know how to use it the first time you will hit it but when you will know up to use it you will see that its an amazing thing

We have planned many improvements to the help tips, setup and installation. Thanks for your kind words!

I would like a call blocking feature!!!!! One that only tells the call blocked caller this number is not in service or this persons mailbox is full. And it needs to tell the person trying to make a call to blocked number that the blocked number is not in service or the mailbox is full.

We are looking for ways to improve the user experience when dealing with nuisance calls and such and we will review this with our engineers.

An option for real time SMS, MMS, IM delivery to phone would be great.

Realtime would cause battery drain and increased data usage on the TARGET phone, we will review it and see if we can bring the option back.

when the history localization screen (SEARCH FOR HISTORICAL GPS POSITIONS) are open, do not show the message “Please enter the start and end dates for your search in the toolbar above. Results are limited to a maximum of 200 locations”

We add this information to explain how to use this feature. We’ll see how we can improve it so it doesn’t get in the way of your FlexiSPY experience.

when the funtionality do not have records to be showed, (for example, no emails) do not show the message “No Records Found” in a popup window. when are looking in mobile, this window is more large of the screen and the user must slice de screen to have access to the “Close” button;

We have replaced this with a touch friendly one. Please check it out in your portal!

Please enable BBM on android

Done! Check it out on our latest Android client!

You shouldn’t have to (get it) your photos, videos, and audio! It should already be there for viewing not load it to download !

When capturing historical or new media, the client sends thumbnail previews to the server instead of the full media files. This is to preserve battery consumption and bandwidth. You can preview the thumbnail from your account and select to only fetch the media files you really need.

Allow for email forwarding of events and notifications when one is on the move.

We’re working on bringing back the email relay system. Thanks for the suggestion!

It would be great if there were a way to group a persons texts from the same person. Maybe a search feature fro the name or number and then a box with just those texts show up

Yes, we are always trying to improve your user experience. Your suggestions has been noted and will be reviewed by the development team.

enable call recording for iphone and add view phone screen

Our developers are actively looking in to both of these.

Must add more control functions and easier access at the control center with smaller icon/links

Everything is an evolution so we are actually working on a more fluid, easier to use, and, based upon further feedback, responsive UI design which will be unveiled soon.

SW version for Blackberry 10

FlexiSPY is working on making it happen. Watch this space…

Febbraio 19, 2014
FlexiSPY – Bringing Democracy to Ecommerce Taxation

— UPDATE:

We have currently discontinued the VAT choice feature, due to the confusion it was causing customers. It seems that most people are happy to pay VAT, which was a surprise to us. The latest VAT information is here. —

— The information below is no longer valid but we will keep it up for historical purposes —

We are delighted to announce that FlexiSPY offers Tax Free shopping to everyone.

This means that we will not charge you any more than the price we show on our website.

Unlike some other spyphone companies, who are forced to charge EU buyers VAT, or USA buyer Sales Tax, FlexiSPY ecommerce system is smart, and can ensure that no FlexiSPY customer needs to pay sales tax if they don’t want to. So, when comparing the price of FlexiSPY to another company, make sure you include the VAT or Sales tax in the equation.

How It Works

The Internet has caused a lot of problems for Governments when it comes to taxing commerce. Their solution to this has been to force the eCommerce payment providers to become their tax collectors, much like bricks and mortar businesses collect VAT. But the obligation to collect this tax depends on the country in which the payment provider is incorporated.

If the payment provider shares tax jurisdiction with the customer, they are obliged to charge tax

The FlexiSPY eCommerce system has a list of payment providers and payment options from which it can intelligently select to display to the customer based on business rules, such as the tax requirements for a geography (determined from IP address). For example, if you are from the EU, we choose a processor that is not forced to charge VAT.

We also offer Bitcoin, (the first spyphone company to do so), Wire Transfer, Webmoney, as well as the usual plastic.

What do you think about our approach to eCommerce? Would you like to pay tax, or do you thing that offering the choice to the customer is the democratic thing to do? Leave a comment.

Febbraio 13, 2014
Eavesdropping in America: Is it Legal?

If you’re about to buy mobile spy software, you might be asking yourself,
“Am I going to go to jail for using it?”

The short answer is, “it depends.”

OK, that was a typical lawyer’s response to any question. So, I’ll explain it so you can avoid getting thrown into the slammer.

In the U.S. – for the most part – it is perfectly legal to record telephone conversations, as long as one party to the conversation consents to the listening or recording. If someone allows you to install the spyphone software on their phone, you can legally record or listen to their calls.

Let’s start with federal law. You might be asking, how would that apply to me? Well, more than 2.5 million Americans live on military bases.

If you live on federal land, then you’re covered by federal law. The seminal case for federal call interception law is Simpson v. Simpson (5^th Cir. 1984). In Simpson, the Court ruled that Congress never intended to prohibit a person from intercepting a family’s member’s telephone conversations. So, under federal law, no consent is even required. The courts have decided Congress left call interception up to the states and no federal eavesdropping law applies.

What if I don’t live on federal land? If you don’t live on federal land, state eavesdropping laws apply. In 38 states, one party must consent to the listening or recording of a telephone conversation. This means that if you install monitoring software on a phone with the owner’s consent, you can legally listen to and record the conversations on that phone.

In a one party consent state, as long as the call is intercepted or recorded without criminal or tortious intent, there can be no prosecution for violation of an eavesdropping law. Copeland v. Hubbard Broadcasting, Inc., 526 N.W.2d 402 (Minn. Ct. App. 1995). For instance, see Mo. Rev. Stat. § 542.402 (“An individual who is a party to a wire communication, or who has the consent of one of the parties to the communication, can lawfully record it or disclose its contents, unless the person is intercepting the communication for the purpose of committing a criminal or tortious act.”).

“INTERCEPTING AND RECORDING THE CONVERSATIONS OF YOUR CHILDREN IS PERFECTLY LEGAL”

What about monitoring my child on their phone? Intercepting and recording the conversations of your children is perfectly legal. Bishop v. State, 252 555 S.E.2d 504 (Ga. Ct. App. 2001). In Bishop, the court held that parents have a right, and even a duty, to protect the welfare of their children, which might require call eavesdropping or recording.

Hot Dog! I’m set.

Not quite. In those other 12 states (including California), both parties to the conversation must consent to the recording of a conversation. This means that you would have to inform the other party to the conversation that you were making a recording. In the alternative, you can create a beeping alarm that provides a warning to the caller that the call is being recorded.

The courts, however, haven’t imposed this strict interpretation of eavesdropping laws on all call intercepts. The rule of law is that there must be a reasonable expectation that no one else could overhear the conversation, before the courts will assign a privacy right to the call. Wilkins v. NBC, Inc., 71 Cal. App. 4th 1066 (Cal. Ct. App. 1999). A call made in a public place is free to be intercepted.

Realistically, any criminal prosecution for wiretapping would require that the recording of the phone call be made public.

So, posting the content on the internet, in a newspaper, or even playing the recording for a third party, is probably illegal. This holds true even if there was consent to the recording. The reason for this is that there is a reasonable expectation that phone calls are private, and by making the content of that call public, it can cause damage to the people who made the phone call. Every state, except Washington, Montana and South Dakota, has a law prohibiting the publication of telephone communications without consent of all parties.

In short, using spyphone software is not going to cause you any legal problems, so long as you keep the information you gather to yourself. You should never make the recordings public in any way, or even inform the call participants you have monitored or recorded their phone call. The advantage to using a product like FlexiSPY, is that it is undetectable. So, its installation and use won’t land you in the slammer. Just make sure to keep the details of your monitoring a secret.

Febbraio 7, 2014