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There's a real threat of being watched and recorded where you live, and without your knowledge or consent.

Anyone with or near a computer and its webcam is potentially at risk.

School districts have used RATs to spy on students in their bedrooms; rent-to-own computer stores have secretly watched their customers.

Online, at places like Hack, individuals, often men, trade and sell access to strangers' computers, often women, gained via RAT.

(A related suit alleging RAT-enabled interception of privileged and confidential attorney work product is unfolding in Georgia.)* * *Another law integral to electronic privacy is the Computer Fraud and Abuse Act (CFAA), and, like ECPA, RATs were not considered when it was written.

The CFAA was initially passed, as the story goes, in 1983 when Ronald Reagan saw the hacking film Of particular importance here is Section 1030(g), the act’s private right of action.

With law enforcement and intelligence agency hacking on the rise, another section of the CFAA takes on greater importance for victims of ratting.

While cautious browsing can make a difference when it comes to protecting yourself, for ratting victims, U. law, late as usual to the party, is lacking.* * *Despite repeated violations of privacy via webcam hacking, legal protections against RATs in the United States leave many behind.

Theoretically available state-level protections vary widely from place to place, and federal law, as a privacy backstop, is inadequate.

Amending the CFAA’s damages requirement to take into account the type of harms suffered by ratting victims would offer more people the ability to gain relief under the act’s provisions.

Ratting also raises constitutional and judicial process concerns, relating both to public access to democracy and to the strict warrant requirements regarding searches by the government of private individuals.

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