Write Code, Go To Jail
The charges are frightening. Read the indictment.
1. When does an application qualify as a "device"?
2. Is the crime selling, marketing, or creating? It's not really clear.
3. On the surface, the charges would appear circumventable in much the same way that prohibited weapons sellers so: sell a legal version & provide guidance on how to render it prohibited (e.g. more capacious clips, automatic operation). There's the problem of use too. It's evidently OK if the app is used to monitor your infant, teen, or granny, but not others.
4. On a relative scale, the consequences seem disproportional compared to those responsible for our recent world wide recession or bankers concealing funds. Am aware of fines being levied, but not criminal indictments.
Will be interesting to see how the EFF, ACLU, or pro bono constitutional lawyers respond.