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Only the NSA can create smartphone surveillance app. If an ordinary citizen do the same, the FBI will make sure to arrest you. According the FBI page “A Pakistani man has been indicted in the Eastern District of Virginia for allegedly conspiring to advertise and sell StealthGenie, a spyware application (app) that could monitor calls, texts, videos and other communications on mobile phones without detection. This marks the first-ever criminal case concerning the advertisement and sale of a mobile device spyware app.”
“Selling spyware is not just reprehensible, it’s a crime,” said Assistant Attorney General Caldwell. “Apps like StealthGenie are expressly designed for use by stalkers and domestic abusers who want to know every detail of a victim’s personal life – all without the victim’s knowledge. The Criminal Division is committed to cracking down on those who seek to profit from technology designed and used to commit brazen invasions of individual privacy.”
http://www.fbi.gov/washingtondc/press-releases/2014/pakistani-man-indicted-for-selling-stealthgenie-spyware-app