The founder of a US-based spyware company whose surveillance products allowed customers to spy on the phones and computers of unsuspecting victims has pleaded guilty to federal charges related to his long-running business.
pcTattletale founder Brian Fleming pleaded guilty in San Diego federal court on Tuesday to charges of computer hacking, selling and advertising surveillance software for illegal uses and conspiracy.
The allegation follows a years-long investigation by agents of Homeland Security Investigations (HSI), a unit within US Immigration and Customs Enforcement. HSI began investigating pcTattletale in mid-2021 as part of a broader investigation into the consumer-grade surveillance software industry, also known as “stalkerware.”
This is the first successful federal prosecution in the US against a stalkerware operator in more than a decade, following the 2014 indictment and subsequent guilty plea of the creator of a phone tracking app called StealthGenie. Fleming’s conviction could pave the way for further federal investigations and prosecutions against those who operate spyware, as well as those who simply advertise and sell hidden surveillance software.
HSI said pcTattletale is one of several stalkerware sites under investigation.
An ICE spokesperson did not immediately comment when contacted by TechCrunch. Kelly Thornton, a spokeswoman for the U.S. Attorney’s Office for the Southern District of California, which brought the charges against Fleming, declined to comment.
Fleming’s attorney, Marcus Bourassa, did not respond to a request for comment Tuesday.
pcTattletale was a remote monitoring application that had been under Fleming’s control since at least 2016. Stalkerware applications like pcTattletale allow ordinary consumers to purchase software capable of tracking people and their data without their knowledge, including romantic partners and spouses, which is illegal in the United States and many other countries.
Once physically installed on a person’s phone or computer (usually with knowledge of the victim’s password or login), the app would continuously upload a copy of the victim’s information, including messages, photos and location data, to pcTattletale’s servers and make the data accessible to whoever installed the spyware.
Fleming shut down pcTattletale in 2024 after a data breach in which a hacker breached the company’s website and stole reams of data from its servers, including identifiable information belonging to customers and their victims. More than 138,000 customers registered to use pcTattletale shared breach information Have I Been Pwned data breach notification site.
At the time, Fleming told TechCrunch that his company was “down and out” after deleting the contents of pcTattletale’s servers.
Despite the shutdown, federal agents had already begun their investigation into Fleming’s illegal spyware operation.
The home of the founder of the $1.2 million Fed search
HSI began investigating pcTattletale in June 2021 after finding over 100 stalkerware websites offering surveillance products, many of which advertised legitimate uses for the software, such as monitoring children or employees.
pcTattletale stood out because it specifically advertised its eavesdropping software for “covert spying on spouses and partners,” HSI Special Agent in Charge Nick Jones wrote. the 2022 affidavit in support of a search warrant at Fleming’s home. The affidavit was unsealed in early December 2025 ahead of Fleming’s expected hearing.
Crucially for investigators, Fleming is believed to have been operating pcTattletale from his home in Bruce Township, Michigan, very close to US law enforcement — unlike many stalkerware operators overseas who are not.
Unlike some stalkerware operators who shield their identities to avoid legal and reputational risks from working with spyware, Fleming was brazen in how he advertised pcTattletale. In videos posted on YouTube, Fleming can be seen at home promoting pcTattletale as its creator and founder.
According to the affidavit, HSI obtained a warrant in 2022 authorizing the search of Fleming’s email accounts. HSI said the emails showed Fleming “knowingly assisted clients attempting to spy on non-consenting adults.”
Federal agents later tracked down Fleming’s home to confirm that it was actually him.
Jones also went undercover to gather evidence, posing as a marketing partner under the guise of promoting the spyware in exchange for a cut of the revenue. As a result of this operation, Jones exchanged emails with Fleming in which the pcTattletale founder provided images intended for banner ads that promoted spyware as a way to “catch a cheater,” which made it clear that Fleming wanted to market his product for illegal purposes.
By November 2022, HSI had obtained permission from a US judge to search Fleming’s home, which agents raided soon after, seizing an unknown number of items. Agents also obtained records related to Fleming’s bank and his PayPal account, which had more than $600,000 in transactions through the end of 2021.
The search warrant was filed under seal amid concerns that Fleming could destroy or tamper with evidence. Fleming has since sold the home for $1.2 million. per public records.
Fleming’s conviction is a victory for privacy advocates and activists working to combat the proliferation of stalkerware and raise awareness of its dangers.
Eva Galperin, director of cybersecurity at the Electronic Frontier Foundation and co-founder of the Coalition Against Stalkerware, which has researched and fought stalkerware for years, commented on Fleming’s culpability when reached by TechCrunch.
“One of the most striking aspects of this case is the extent to which stalkware companies like pcTattletale operate openly,” Galperin said. “That’s because the people behind these companies so rarely face any consequences for selling tools that they themselves explicitly say track other people’s devices without their knowledge or consent.”
“I hope this case will change the calculus of risk for stalkerware makers,” Galperin said.
Fleming is expected to be sentenced later this year.
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If you or someone you know needs help, the National Family Violence Hotline (1-800-799-7233) provides free, confidential 24/7 support to victims of domestic abuse and violence. If you are in an emergency, call 911. The Coalition Against Stalkerware has resources if you think your phone has been compromised by spyware.
