Member Avatar for Mercer

Hi all,

I'm in the final stages of creating a suite of shareware keylogging utilities designed primarily for parents to monitor certain aspects of their childs online activities. Now, my question is not regarding C++, but another aspect of software development, or rather, distribution.

I've never released something like this before, and I'm only now starting to do my research. If someone was to use my software maliciously, which is highly likely when it comes to keylogging software, could the software developer (me) be prosecuted?

As I understand it, I simply provide the software and I am in no way responsible for how someone chooses to use it. I've been looking for a good TOS / disclaimer to include with the program which clarifies this, but I've had no luck.

Would I need some form of license or legal cover to distribute and sell software of this type?

Has anyone developed or been involved in something similar and willing to share their experience or advice?

Much appreciated!

Aplologies if this is the wrong section of the forum. :S

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  • Latest Post Latest Post by nezachem

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— short summary and practical direction. As pointed out, many developers add standard no‑warranty/no‑liability language; as warned, that language alone is not a legal shield. In multiple jurisdictions, software that facilitates covert monitoring can trigger criminal or civil laws (for example, the U.S. Wiretap Act and the Computer Fraud and Abuse Act, and the U.K. Computer Misuse Act) — read those statutes for the kinds of conduct they target: 18 U.S.C. § 2511, 18 U.S.C. § 1030, Computer Misuse Act 1990.

Practical mitigations you can implement now to lower legal and reputational risk:

  • Build consent into the product: require explicit, recorded consent from the device owner and make monitoring visible (no silent/stealth mode).
  • Limit data collection: prefer summaries, alerts, or web/activity reports instead of raw keystroke logs; minimize retention and secure storage.
  • License and sales controls: a clear EULA that restricts permitted uses, an indemnity clause, traceable payment/sales records, and seller-side KYC for suspicious accounts.
  • Technical safeguards: avoid remote silent installation or kernel‑level stealth techniques, include an obvious tray/status icon, and sign binaries with a reputable code‑signing certificate so users/AV vendors can verify publisher identity.
  • Operational steps: keep logs of buyer consent, implement a takedown/disable process for misuse reports, and test how major AV engines classify your build.

Final note: none of this is a substitute for jurisdictional legal advice. Before launch, consult a lawyer experienced in privacy/cyber law, consider cyber liability insurance, and reassess whether less invasive parental‑control features could meet market needs while reducing legal exposure.

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Member Avatar for nezachem

This is definitely a wrong venue. You need to ask lawyers in your jurisdiction, not programmers all over the world.

According to my belief system, in the afterlife a keylogger writer will share a cubicle with a spam operator and a product manager.

Edited by nezachem because: n/a
commented: agreed +0
Member Avatar for jbennet

I've been looking for a good TOS / disclaimer to include with the program which clarifies this, but I've had no luck.

What about the usual no warranty/liability one from BSD/MIT-licenced software?. Been around a long time and used by millions of projects so i assume it to be sound.

THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

Edited by jbennet because: n/a
Member Avatar for nezachem

It is a very nice disclaimer. The only problem (at least in US, and I suppose in UK as well) is that it has never been tried in a court of law. Until then nobody knows if it holds water.

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