spyware

(5) Spyware The term “spyware” means a tool or set of tools that operate as an end-to-end system of software to provide an unauthorized user remote access to information stored on or transiting through an electronic device connected to the Internet and not owned or operated by the unauthorized user, including end-to-end systems that— (A) allow an unauthorized user to remotely infect electronic devices with malicious software, including without any action required by the user of the device; (B) can record telecommunications or other audio captured on a device not owned by the unauthorized user; (C) undertake geolocation, collect cell site location information, or otherwise track the location of a device or person using the internal sensors of an electronic device not owned by the unauthorized user; (D) allow an unauthorized user access to and the ability to retrieve information on the electronic device, including text messages, files, e-mails, transcripts of chats, contacts, photos, and browsing history; or (E) any additional criteria described in publicly available documents published by the Director of National Intelligence, such as whether the end-to-end system is used outside the context of a codified lawful intercept system.

Source

50 USC § 3232a(a)(5)


Scoping language

In this section
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