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How can you use Spy SMS without breaking the law?

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Quick Answer

Smart phone monitoring software can be used legally when monitoring a device owned by the person who orders the tracking service, according to tracking software provider mSpy. In general, this applies to parents keeping track of their children's cell phone use and companies monitoring company-owned devices.

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Full Answer

Most companies that offer smart phone monitoring services, such as mSpy, note that it is up to the individual user to determine the legality of the services in the user's region.

An employee should be informed that tracking software is installed on the issued company-owned device, and consent to such tracking, according to mSpy. There are few restrictions in the United States on employer monitoring of employee phone activity as of 2014, according to Infosec Institute. However, California law requires that all parties in a conversation to be monitored or recorded must be informed and consent.

Missouri-based attorney Sophya Qureshi Raza details a case in which a husband secretly monitoring his wife's phone with such software was determined to be stalking under Missouri's adult abuse law.

In addition, tracking software such as mSpy requires the target smart phone's operating system to be modified in such a way as to allow surreptitious installation of the tracking application. While not illegal in the United States, such modifications may void the phone's warranty.

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