"Although it’s not uncommon for the makers of illicit tools used in criminal hacking to be charged with illegal activity, it’s often the case that the developers of such tools are also its surreptitious users or benefit from its illegal use to steal credit card numbers or other valuable data.
The case against Akbar, however, is remarkable for its focus on the seller of a commercial software program—that is openly marketed on the internet—rather than on its users. “The government is trying to say it’s not enough that the users are responsible, but that the maker is an enabler of this privacy invasion and are potentially liable,” says Hanni Fakhoury, staff attorney for the Electronic Frontier Foundation. A Justice Department spokesman told WIRED there are currently no additional charges filed over StealthGenie. But that’s not to say customers won’t eventually be charged as well.
Either way, groups like the National Network to End Domestic Violence say they hope the indictment signals more aggressive efforts by the government to crack down on those who distribute tools that, more than a privacy invasion, are often used by stalkers and perpetrators of domestic violence to track their victims.
if they can win the trial this will be a breakthrough because not only the users of such Tools can be prosecuted but also the makers and distributors of these Tools and that can change the whole market - even if it will go underground - it will disappear from the mainstream and so will lose its availability to the millions instead of the thousands or hundreds who know how to find such Tools underground