pcTattletale Founder Avoids Jail Time in Rare Stalkerware Conviction
In a landmark case, the founder of stalkerware vendor **pcTattletale**, **Bryan Fleming**, has been sentenced for manufacturing and distributing illegal surveillance tools. Despite pleading guilty to federal charges, Fleming received no jail time, raising concerns about the deterrent effect on the burgeoning stalkerware industry.
The first stalkerware manufacturer convicted in the U.S. since 2014, **Bryan Fleming**, founder of **pcTattletale**, received no jail time at his Friday sentencing.
Fleming was ordered to pay a $5,000 fine by a San Diego federal judge and will spend no time in prison beyond the one day he already served. In January, he pleaded guilty to one count of manufacturing, distributing, possessing and advertising wire, oral or electronic communication intercepting devices.
### The pcTattletale Case
Flemingβs Michigan-based stalkerware company sold a surveillance product that was marketed as a way for people to spy on spouses and others without their consent. His conviction could be a harbinger of more stalkerware convictions to come and was the result of a long-running **Homeland Security Investigations (HSI)** probe.
**pcTattletale** was one of more than 100 stalkerware companies investigated by **HSI** beginning in June 2021, according to a search warrant affidavit in the case.
Fleming was brazen in his marketing of **pcTattletale** and posted a video on YouTube promoting its use for catching a βspouse youβre worried about [if] you donβt think theyβre being honest.β
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βYou put it on their Android phone, they won't be able to see it,β Fleming said in the video. βAs they use their Android phone and click around, you see a movie of everything they've done.β
The **pcTattletale** website warned users not to use the app illegally, but at the same time frequently promoted how it could easily be used to surreptitiously spy on romantic partners and employees without their consent.
The app βhas been developed for over 15 years and has helped thousands of spouses, familyβs [sic], and employers just like you,β according to an affidavit description of the **pcTattletaleβs** website.
### Implications for the Stalkerware Industry
Criminal prosecutions of stalkerware makers have been rare, experts say. The **Federal Trade Commission** has penalized stalkerware companies, but the lack of prosecutions has contributed to a burgeoning marketplace for the products.