Is It Legal to Look Someone Up Online?
Updated
In the US, looking at information someone has made public, such as a public dating or social profile, is generally legal. What crosses the line is getting into accounts or devices without permission, intercepting messages, installing tracking software, or using what you find to harass someone. People-search results also cannot be used for hiring or housing decisions unless the provider follows the Fair Credit Reporting Act.
This is general information about US federal law, not legal advice. State laws differ, so speak to a lawyer about your own situation.
Is searching public information legal?
Generally, yes. Viewing a profile or page that anyone on the web can see is not the same as breaking into an account. Search engines and public-profile searches like CheaterExposer work with what is already publicly visible.
What crosses the line?
Problems start when you go beyond what is public. Several federal laws are relevant:
- Accessing accounts or devices without permission. The Computer Fraud and Abuse Act covers accessing a computer without authorization. The Justice Department lists using another person’s account among the situations it treats seriously.
- Intercepting messages. Federal wiretap law generally prohibits intercepting someone’s calls, messages or other communications unless you are part of the conversation or have consent.
- Installing stalkerware. The FTC describes stalkerware as apps put on a device without the owner’s knowledge to track location, calls, texts and activity.
- Stalking and harassment. The Justice Department describes stalking as a pattern of behaviour aimed at someone that would make a reasonable person fear for their safety or suffer substantial emotional distress.
Can you use search results to screen tenants or employees?
Not from an ordinary people-search site. Under the Fair Credit Reporting Act, a report used to decide on employment, credit, insurance or housing is a consumer report, and the company providing it must follow FCRA rules. In 2023 the FTC took action against two people-search sites for marketing reports for that kind of screening despite disclaimers. CheaterExposer is not a consumer reporting agency, and its results must not be used for those decisions.
How do you stay on the right side of the line?
- Look only at what is publicly visible.
- Never log in to someone else’s account or install anything on their device.
- Do not post, share or use what you find to threaten or embarrass anyone.
- If you think someone is tracking you, the FTC suggests contacting the National Domestic Violence Hotline before removing the app.
Frequently asked questions
Is it legal to search for someone's dating profile?
Viewing a dating profile that is publicly visible is generally legal in the US. Logging in to their account, reading their messages or installing tracking software on their phone is not. This is general information, not legal advice.
Is it illegal to go through my partner's phone?
It can be. Accessing someone's accounts or devices without permission, intercepting their messages, or installing stalkerware can break federal and state laws. Laws vary by state, so ask a lawyer about your situation.
Can I use people-search results to screen a tenant or employee?
No, not from an ordinary people-search site. Reports used for employment, credit, insurance or housing decisions fall under the Fair Credit Reporting Act. CheaterExposer is not a consumer reporting agency and its results must not be used that way.
What if I think someone is tracking my phone?
The FTC suggests contacting the National Domestic Violence Hotline (800-799-7233) before removing stalkerware, because removing it can alert the person who installed it.
Sources
- Justice Manual 9-48.000 - Computer Fraud and Abuse Act (US DOJ)
- 18 U.S. Code § 2511 - Interception and disclosure of wire, oral, or electronic communications (Cornell LII)
- Stalkerware: What To Know - Federal Trade Commission
- Stalking - Office on Violence Against Women (US DOJ)
- What Employment Background Screening Companies Need to Know About the FCRA - FTC
- FTC Says TruthFinder, Instant Checkmate Deceived Users About Background Report Accuracy (2023)