You can legally buy a phone with out-of-the-box spying capabilities However, I am not sure about the legality of the usage part.
According to the article:-
That's because mSpy last week began offering a selection of smartphones pre-loaded with the software.
The company's offering pre-installed mSpy software on four of the top smartphone models: Nexus 5, iPhone 5S, HTC One and Galaxy S4.
Pricing starts at $649.99, or about $200 more than a non-booby-trapped phone, and includes a year-long subscription.
Is this legal?
Yes it is, mSpy says on its website.
The links below has more information:
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