Worried parents or controlling spouses who use spyware to monitor their loved ones are likely breaking the law, a new study has warned.

Key points: Study finds the marketing of spyware is helping promote the illegal stalking of women

Study finds the marketing of spyware is helping promote the illegal stalking of women An increasing number of controlling partners are installing spyware on phones

An increasing number of controlling partners are installing spyware on phones The monitoring of children's phones can lead to unintended privacy breaches

A Deakin University study of technology-facilitated abuse has raised concerns that spyware marketing is also promoting illegal stalking of women and encouraging controlling behaviour.

It could also leave parents vulnerable to violating the privacy of their child and their child's friends, and in extreme cases, being prosecuted for producing child pornography, if they gain access to sensitive phone images or videos.

In the study, criminologists analysed nine popular spyware products and looked at their marketing, privacy policies and data security over the course of two years.

Report co-author Dr Diarmaid Harkin said some of the advertisements promoted using the spyware to catch cheating spouses.

Some spyware could also facilitate "spoof" calls, which made phone calls seem like they were from a friendly source.

"Certainly their product has very clear scope for being abused in the context of stalking," Dr Harkin said.

"I can't think of any legitimate reasons for using this stuff."

The academics undertook the study after hearing about rising cases of spyware being installed on phones of women escaping family violence.

Screenshot taken from the website thetruthspy.com ( Supplied: ACCAN )

Karen Bentley, the national director of WESNET, the Women's Services Network, said they received about two inquiries each week from a woman dealing with family violence who suspected, or discovered, they had spyware installed on their phone.

"We are probably only seeing the tip of the iceberg," she said.

"The products are designed to spy on your spouse — they really are quite deplorable."

The criminologists also found that these "low-rent" spyware products had extremely poor data security practices, with some well-publicised data breaches.

Some failed to encrypt data while it was in transit and relied on third party hosts to deliver their services.

"The range of data they often collect has a very large dragnet," Dr Harkin said.

"The spyware would be pulling the data out of jurisdiction to places like The Netherlands, Hong Kong and United States."

The researchers also found that Android phones were far more vulnerable to spyware than iPhones.

It's prompted calls for the Government to crack down on abuse of spyware using existing laws, and add further reforms when privacy laws are before Federal Parliament later this year.

Some spying apps have the ability to restrict certain incoming calls and block calls from a particular number. ( Supplied: ACCAN )

Watching children not as safe as it seems

The report raised concerns about the marketing methods used to encourage parents to install spyware on their children's phones.

An advertisement to track a partner's phone use. ( Supplied: ACCAN )

Dr Harkin said parents then could potentially view the communications, photographs, video and audio of that child's friends at school or home.

That would be a breach of other children's privacy, if the original parent didn't get permission from parents of other children involved.

"If the child was to go to private bathrooms, that would obviously be a major concern," he said.

"We wouldn't have much tolerance for the idea the spyware could be used for legitimate purposes in a parental context."

It could also be a breach of the United Nations convention on the rights of the child, which prevents arbitrary invasion of privacy.

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Ms Bentley said she understood the dilemma of parents who wanted to keep their children safe online, but she said there were broader issues to consider.

"If you are going to surveil or monitor your child covertly, what message does that send those children? That if somebody loves you it's OK to covertly surveil or monitor?

"We just need to be having really good, open conversations with children."

From using spyware to climbing through manholes

Former Victorian police detective Stephen Wilson runs a security consultancy firm that helps women escaping family violence.

It helps between 60 and 100 women nationally each week and trains social workers on technology-facilitated abuse.

Mr Wilson runs workshops to educate social workers about technology-facilitated abuse. ( ABC News: Patrick Stone )

Mr Wilson said they are seeing more controlling partners install spyware on phones.

"Putting spyware apps on their phones, putting trackers in their cars, climbing in through manholes at night filming them while they're in bed," he said.

"Generally, just following them through location settings in phone and sharing Apple ID codes."

In one case an ex-partner used a drone to hover over a woman's skylight and film her asleep in bed with her new partner.

"It filmed, took photos, had audio and actually had artificial intelligence, actually was programmed to follow her when she went out of the front door," he said.

"A lot of people look at a woman who think she's being stalked and say 'you're being paranoid', that's not the case many of them are being stalked."

People know it's bad to spy, but don't realise it could be illegal

The report also raises concerns that partners and parents could be breaking the law without realising.

Ms Bentley would like to see the developers, hosts and those who purchase spyware held more accountable.

"There are existing laws that could be used," she said.

"If it's done without consent, I think you are definitely in murky waters and I think most people should know that."

Tips to avoid spyware: Keep your phone and pin number safe, where possible

Keep your phone and pin number safe, where possible Regularly update your operating system

Regularly update your operating system Android is more vulnerable than Apple

Android is more vulnerable than Apple Go to a family violence service or tech store for support

Go to a family violence service or tech store for support Change password for iCloud services

Change password for iCloud services Get a new phone if necessary

Report co-author Associate Professor Dr Adam Molnar said use of spyware could be breaking different laws, but it depended on how it was being applied.

"Unless spyware is used with explicit two-party consent between the operator and the target, the operator is likely to violate a range of Australian laws," he said.

"Offences such as harassment, stalking, fraud, identity theft, surveillance devices, computer offences, telecommunication offences, and breach of confidence."

The researchers said the critical problem was a lack of enforcement, with no known prosecutions of spyware companies to date.

"The laws are, by and large, on the books," Dr Molnar said.

A man watches someone's movements via a tracking app installed in a car. ( ABC News: Tom Hancock )

They suggested mandating design changes in the apps like push notifications, putting pressure on the Google Play store to remove apps, and targeting host sites like Cloudflare.

They've also proposed a legal tort for invasion of privacy that would give victims civil recourse.

"While this problem certainly has a technological and legal dimension, it's inseparable from a destructive culture of misogyny and violence," Dr Molnar said.

Mr Wilson has just one message for anyone with concerns.

"If you think you're being stalked go to the police, that's what police are there for."

The ABC attempted to get response from the companies involved, but they were unable to be contacted.

