Antivirus software doesn't detect commercial spyware, thereby treating the software as not malicious even though the intent is to spy on other people. So the computer equivalent of wiretapping goes unnoticed, creating the risk that each of us might be under illegal surveillance at any time. Of course, the antivirus software manufacturers may argue that spyware can be used for legitimate purposes, and therefore should not be treated as malicious. But the developers of certain tools once used by the hacking community, which are now being freely distributed or sold as security-related software, are nonetheless treated as malicious code. There's a double standard here, and I'm left wondering why.