The phone can be remotely turned on even when you have it shut off and in your pocket, purse or laying on a table so conversations can be heard around it, according to Tim Wilcox, who owns International Investigators, Inc. in Indianapolis.

There are close to 370 million smartphones in the world today according to ABI Research in Oyster Bay, N.Y., a company that studies wireless communications. These include Androids, BlackBerrys, iPhones and others which accept apps easily and have plenty of processing power. Millions of them might already be infected with spyware. Mobile phone spyware is sold by websites operating overseas but is illegal in the United States. There are approximately 600 variations of the app circulating and all it takes to make an instant wiretapper is a credit card. Usually the person is a suspicious spouse or partner, a parent who is over protective or a jealous co-worker. Wilcox also mentions it is certainly possible for it to be used for identity theft by scammers.

The spy can easily install the program to your phone by getting you to click on an enticing link in a message they sent to it. With other types, they must have access to your phone for about ten minutes to enter a code which downloads the spyware without you having any knowledge. Phones can even be purchased from websites with the spyware already installed. A text message alerts the spy when you make or receive a call if your phone becomes infected, with no unusual signs what-so-ever on your end.

To know if your phone might be infected there are a few warning signs to be aware of. First look on your phone bill for text messages to unknown phone numbers usually around the same time as legitimate calls. It is those numbers that have been dialed by the spyware allowing that person to monitor you. If the battery is warm when the phone is not being used is another warning sign just as if the phone dies quickly as this can suggest the power is being drained by the spyware. If your phone flickers when it is not being used is another warning sign. It is not easy to confirm if your phone has in fact become infected. It actually needs to be sent to a laboratory where experts will look for a few lines of programming code. The typical smartphone can have as many as 300,000 lines so it can be very much like trying to find a needle in a haystack. The company that Mr. Wilcox operates charges $2,200 for this job which takes eight days to complete. 

The best protection is to use a handset pass code to lock the phone and to prevent someone else from using it. You should also never open links in e-mails that have been sent to you by parties you do not know. The best defense is to purchase a $20 phone card with pre-paid minutes for your conversations that are sensitive in nature according to Wilcox.