>Why exactly is HackerOne drawing a distinction with this software producer? I read the whole article and still miss what the controversy with this producer is.
You're being obtuse if you think this use-case wasn't a huge part of their thinking while designing the software and offering support to customers.
>I asked a FlexiSpy salesperson a simple question: If I wanted to, could I use their spyware to snoop on my wife's cellphone without her knowing? The answer each time was yes. When asked if it was legal, they responded with a canned disclaimer explaining it was necessary to get the permission of the target. But what if I didn't want my wife to know? They could help me anyway.
I have no doubt it is what they're selling. But the question is if the tool does something, then the marketing message shouldn't really be relevant. If a FlexiSpy clone comes along and is less direct about spouse-spying, and plays a stronger line of "you need authorization", then it's suddenly OK?
>the marketing message shouldn't really be relevant
my point was that it isn't just marketing, this use-case was a huge part of their thinking while designing the software and offering support to customers. [repeating my comment almost verbatim]
If a clone came along that wasn't designed so that it can be totally hidden while installed, then privacy advocates would be less angry.
Many tools have legitimate and illegitimate uses. There is rarely a clear sharp line; we have to make a judgement as to whether a given tool does more harm than good, on the whole, and there are no shortcuts. IMO it's entirely right to weigh the marketing message in that balance; after all, the marketing will by design affect what kind of people buy the tool with what kind of intentions.
In some respects, yes, it's about the messaging. You'll attract certain customers, and they might be willing to press for certain things that might not be legal, depending on the message.
There's a difference between a gun company that markets their products as protection and sports, and one that markets them for revenge. In both cases, the usage of the gun is up to me, but in one case it looks like the company might be willing to assist me, or point me towards helpful information that assists me, in circumventing safeguards put in place on the purchase of weapons.
FlexiSpy specifically marketed itself as a tool for spying on your spouse. Their front page used to include "read your partner's sms" https://web.archive.org/web/20060402200643/http://flexispy.c...