Device Monitoring Software

What it is

Software installed on a phone or computer that records activity on it: sites visited, applications used, screen activity, and alerts when chosen keywords appear. You review it through a secure online account.

The donor version of this page described this product as “undetectable”. We have removed that claim deliberately, because concealment is precisely what makes the difference between lawful use and an offence. If the software has to be hidden from the person using the device, that is a strong signal you should not be installing it.

What people lawfully use it for

• A child’s device that you own and pay for. Parental supervision of a minor is the most common lawful use. Even here, the better practice, and the one that actually works, is telling the child the software is there.
• Company devices, with a written policy and notice. An employer may monitor equipment it owns where employees have been informed in advance.
• Your own device, for example to track your own usage or to recover a lost phone.

The law in New South Wales and federally

Installing monitoring software on a device you do not own, without authorisation, is not a grey area.

• Crimes Act 1900 (NSW), section 308H makes it an offence to cause unauthorised access to data held in a computer, which includes a phone.
• The Criminal Code Act 1995 (Cth), Part 10.7 covers unauthorised access to and modification of restricted data on a federal level.
• Intercepting the content of communications engages the Telecommunications (Interception and Access) Act 1979 (Cth).
• Where the software captures conversations, section 7 of the Surveillance Devices Act 2007 (NSW) applies as well.

For workplaces, the Workplace Surveillance Act 2005 (NSW) requires at least 14 days written notice before computer surveillance of employees begins, and covert surveillance requires an authority from a magistrate.

What you must not use it for

Do not install this on a partner’s or ex-partner’s phone or computer. It is unlawful, the material it produces cannot be used, and installing monitoring software on a partner’s device is treated seriously by courts as a form of controlling behaviour. It can weight a family law matter against you and it can found an apprehended violence order.

We will not supply this product for that purpose, and we will ask what the device is and who owns it before we sell it.

If you suspect a partner is being unfaithful

Use a licensed investigator. Cheating partner investigations produce lawful, admissible evidence, which is the only kind that will be any use to you.

If you are worried that software like this has been installed on your device, read browsing safely, and consider a bug sweep.