Scott Zuckerman, the founder of the defunct spyware firm Support King, has formally petitioned the Federal Trade Commission (FTC) to rescind or modify a 2021 ban that prohibits him from operating within the surveillance industry. The request, confirmed by the FTC on Friday, challenges the strict cybersecurity audits and operational restrictions imposed after his company’s massive 2018 data breach.
The Origins of the FTC Surveillance Ban
In 2021, the FTC unanimously voted to ban Zuckerman and his company, Support King, from the surveillance market. This decision followed a catastrophic security failure at his subsidiary, SpyFone, which leaked thousands of private records—including real-time location data, private messages, and intimate photos—onto the public web.
Beyond the market exit, the order mandated that Zuckerman maintain rigorous cybersecurity standards and undergo frequent audits for any future business ventures. Zuckerman now argues that these requirements impose an “unnecessary burden” that hinders his ability to expand other, unrelated business interests.
History of Non-Compliance and Stalkerware
Zuckerman’s attempt to clear his name faces intense scrutiny due to his documented history of disregarding regulatory orders. Less than a year after the 2021 ban, investigations revealed his involvement in a new operation: the phone-monitoring app SpyTrac. This software was linked to freelance developers with direct ties to Support King, suggesting an attempt to circumvent the FTC’s authority.
The incident highlighted that despite the FTC’s order to delete all illegally obtained victim data, records from SpyFone—and access keys for another clone app, OneClickMonitor—remained active. SpyTrac was shuttered shortly after inquiries were made regarding its origins.
Privacy Advocates Sound the Alarm
The security community has reacted with immediate opposition. Eva Galperin, Director of Cybersecurity at the Electronic Frontier Foundation, contends that the petition should be rejected forcefully. “Mr. Zuckerman has repeatedly shown himself to be a bad actor, flouting the FTC by continuing to run his stalkerware company even after the ban was issued,” Galperin stated.
Galperin emphasized that the reporting requirements serve as a necessary safeguard, noting that Zuckerman has failed to demonstrate the ability to secure sensitive user data. She argues that if he were cleared of these obligations, he would likely return to the stalkerware market immediately.
The Future of the FTC Ruling
The review of this petition serves as a significant test for the current FTC, now chaired by Andrew Ferguson. Zuckerman has explicitly appealed to the commission’s current “enforcement philosophy,” claiming that regulations should prioritize a positive impact for consumers. Whether the commission will prioritize this deregulatory approach over public safety remains to be seen.
The FTC is legally required to accept public input on the petition. Interested parties can submit feedback until August 19. As the agency navigates its current political composition—including the recent reappointment of Democratic commissioner Rebecca Kelly Slaughter following a contentious removal attempt—the outcome could set a precedent for how the government handles repeat offenders in the surveillance and stalkerware sectors.