The fact that it had the ability to listen to audio shouldn't be the issue, since it wouldn't do that unless you explicitly enabled it. Your grammar is kind of

The fact that it had the ability to listen to audio shouldn't be the issue, since it wouldn't do that unless you explicitly enabled it. Your grammar is kind of ambiguous there. Certainly it was downloaded without permission, but it wasn't listening without permission. Any web page can listen to your microphone if you allow it to, and the code for it can be downloaded without your consent, even if you have JavaScript disabled, if it's embedded in the HTML code.