Stalkerware

The term ‘stalkerware’ emerged more recently as it draws attention to the invasive, intrusive, and dangerous misuse of these tools. It enables remote monitoring to facilitate surveillance, harassment, abuse, stalking, and/or violence, without the user’s consent. The software may be “hidden” on the device, with no noticable operating changes, or explicit and persistent notification that the stalkerware was installed. It is usually difficult, if not impossible, to detect and remove, making it costly for the victim to address. Stalkers may also utilize others types of device apps and features, such as “Find My Phone” or family locator services. 

In Maryland, it is illegal to monitor or surveil another person without their permission or a court order, even a family member, utilizing technology or gps systems. Depending on the circumstance and context, installing spyware can violate a number of laws, ranging from stalking or harassment to unauthorized access of a computer, to wiretapping and eavesdropping. For more information on laws related to electronic surveillance, see applicable laws.

If you suspect or find that stalkerware is on your device(s)

1. Determine if it’s there
2. Explore options for removing/replacing item,
3. Document incident(s) on a non-electronic Stalking Logbook
4. Keep yourself safe 
5. Ask law enforcement or SA to investigate

Consider other ways that someone could know about the activity on your devices, such as having access to the device itself or online accounts, or through second/third hand information, or physical following. 

Consider how your safety might be affected if you identify or remove stalkerware. Address this in your safety-plan. DV stalkers in particular, may escalate their abusive behavior when stalkerware is removed.

If you suspect stalkerware, what you do on your phone could be seen by the other person. For calls or online activity where you want more privacy, use a phone or other device that isn’t being monitored, or an encrypted app. 

Document all incidence(s) of cyber-stalking in using the "Stalking Log" However, police or a forensics expert can look for evidence.

Stalkerware will not necessarily have noticeable operating changes. You, however, may be able to notice changes in the stalker's behavior, patterns, or knowledge, indicating they have installed stalkerware. Hardware devices may be found in areas such as, between the computer and the keyboard cord, or  keyboards or mice can be replaced. Devices are usually installed inside the laptop, through the access panel.

A full factory reset can usually remove the stalkerware. However, reinstalling apps or files from a backup can re-load it onto the device. You could also create a new iCloud/Google account for your device, in addition, so you’re starting over. The safest option is to replace the hard drive or get a new computer.

Replace your current phone. If you are able/safe, you could replace your phone, or set up a second phone. Here are a few options:

• Purchase a new phone, and consider switching carriers and getting a new phone number. If possible note in your account that you are the only authorized account holder or set up notifications if changes are made to your account. 
• Purchase a pay-as-you-go phone (called a "burner" phone) with cash.
• Depending on your income or circumstances, you may qualify for discounts on phones or service. LifeLine offers a discount for individuals who qualify as low-income.
• A trusted person might be able to give you a phone. Wipe the phone’s memory and do a “factory reset” to remove all of their information.

Important: Don’t connect the new phone to any old accounts, especially cloud accounts like Google or iCloud, and don’t use your old number. Don’t move data from your old phone to the new phone using a memory card, SIM card, your cloud account, or backups. Doing so could reinstall stalkerware. 

If your computer has stalkerware all activity including online chat, emails, and web searches, can be revealed to the cyberstalker. If you can, use a safer computer or device – one the person has not had physical or remote access to. It is recommended that DV/IPV victims look for help or information on computers in:

• a public library
• community center
• a friend’s device. 

Stalkerware may have given the stalker access to your login information, consider resetting your passwords on a different device. Once the account(s) are reset, do not log-in again using the monitored device(s). Consider changing passwords for sensitive accounts i.e. online banks, social media accounts, etc. 

Location tracking devices can be as small as a quarter and hidden in clothes, bags, cars, or gifts. Check for hidden trackers in your belongings & vehicle. 

• Car: check in the trunk, under the hood, inside the bumper, and under and between the seats. Ask a trusted mechanic or law enforcement for assistance.
• Belongings: Check out of place items. For gifts that are non-electronic (such as a toy), look for any electronic parts that shouldn’t be part of the toy.