illegal to record running processes in client PC?

[MikeB]

I am developing software for an IT company. The software gets installed on the client's PC, runs scans from external software, can capture a screen shot of client's pc and send to cellphone/email address for the tech to analyze.

My question is, is it illegal to save a .txt file on processes that are running on the client's PC, and send the .txt file to a web server, so a tech can see if there are any malicious programs running (it will do this every couple of hours).

Before I include this feature, is it illegal?

[Chaos]

I wouldnt think so, since the software is being written for the company to be used by said company. It's not malicious or not intended to be there so I wouldn't believe there to be a problem. Now if it were being installed on personal machines without the user knowing, THAT might lead to some trouble.

[MikeB]

Thanks chaos, I will make sure a license is included stating that during install and an external txt file.

[Nifflas]

How much are you planning to tell to the user about exactly what your software does? Even if it's only mentioned in a license that the software sends screen shots and a list of running processes to the company, that's not going to be enough. It has to be more obvious, there must be no way the message can be missed out. People usually don't read license agreements, and spyware take advantage of this by actually stating that the program monitors the user in the agreement. Yet, everybody agrees that those programs are spyware, so there's no "they should have read the agreement so it's their own fault" aspect of it whatsoever.

...not to mention, who's going to want to have this installed? I think you're failing at predicting the market here. There are many antiviruses anti-spyware tools out there, they all work nicely by analyzing the content of the files on the hard drive without sending any information over the internet about software usage, etc. Your program only sends a list of running processes - which does NOT help identify most viruses as they commonly disguinguish themselves as the names of legitime software or hide themselves as services.

[droberson]

I believe that the real answer MikB is that you should be asking a lawyer to define this for you. Users here are not legal experts. For example are you working for the IT company or for yourself? You many need an agreement with the IT company protecting you. A lawyer from your location would be the best to asked.

[Chaos]

From what I was understanding, is he was writing it for a specific company, to monitor employees. Most places I've worked usually have something like this installed to make sure thier people aren't playing solitaire or abusing the internet. Im pretty sure if its something the company asked him to put in, there wouldn't be many legal issues.

[MikeB]

I should have been a little more clear.

1. I am designing it for an IT Company I do work for. They install it on computers they service for customers.

2. The software only would take a screen shot of the problem they were looking at, by choice of the user. It is not an automated task that is hidden.

3. Nifflas, you are right about running a list of processes to send over a server, does not show 'true' viruses, if it uses legitimate program names. I explained this to them, but they still want this implemented. However, this is done by an automated task that is hidden. This is the question of legality.

4. The software does not have it's own cleaning or virus tools, instead it sends a command line to CCleaner & Malwarebytes to run at certain times, which can be disabled by the user.

5. The software is mainly designed so the customer is always reminded that they have contact to the IT company if help is needed, by seeing the icon in the desktop and tray.

Droberson, I think that is the best bet, I don't want to design anything considered to be 'sneaky.'

[droberson]

I agree. A little money to a lawyer to protect yourself and perhaps even some business insurance would be "far" less expensive. Also, if you are not protected by a corporation I would highly suggest you discuss that with the lawyer before releasing the software. A corporation provide a level of legal protection. Again get a lawyer who's focus is in business contracts and software law. Not just a general lawyer.
Best of success.