[cestith]

Often it’s not. Back when Sony put a Windows rootkit on autorun on music CDs just in case someone wanted to rip a FLAC, that was a felony violation of the CFAA in the US. The big difference is consent. If I use your app to watch a game and the conditions of using your app include giving you microphone access, that’s legal. If you breach my phone to turn on the mic and listen to me, that’s illegal.

[codedokode]

So if someone for example, adds a statement to T&C that as a payment for use of software, the user consents to collecting of a sequence of pressed keys (including 16-digit numbers) and selling them on the black market to whoever is interested, it becomes legal?

[cestith]

Where did I say that?

[john01dav]

Calling something like that "consent" when it's the only (legal) way to obtain specific services is extremely dubious. A much more rigorous definition of "consent" is generally enforced in cases where the ruling class doesn't gain by having such consent.

[cestith]

I agree it’s dubious. In the US cases have happened in which onerous requirements in shrink-wrap agreements were thrown out. I have no idea about Spain, but I’m betting asking for that permission in the phone app and getting it approved by the user is legally sufficient to at least make the company comfortable doing so. It may be a bold legal stance they’ll regret later, but if I took a guess I’d say this will get controlled by legislation rather than a court unless the country just wants to slide further into corporate control.