Unfortunately, spyware was never restricted by the FCC(it might attract FTC scrutiny; but that’s what ‘voluntary’ agreement through EULAs is for!); while network-level tapping requires no specific software on the client device, which is part of what makes it so pernicious: there’s nothing you can ‘clean off’ to stop it; and it’s 100% silent, unlike client side spyware which has a habit of occasionally slipping up, or at least causing mystery battery drain and suspicious network chatter unless designed with great care.
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