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Anti-Spyware Legislation: When will it be? PDF Print E-mail
Written by Daniela La Marca   
Monday, 27 February 2006
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Anti-Spyware Legislation: When will it be?
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Currently, most governments of the developed countries are working on their anti-spam laws – if not already implemented - to protect their citizens and economy.  And as if this wouldn’t be enough work yet, spyware is appearing on the scene, which is in my opinion the most dangerous threat at all.  Spyware is software that monitors your online activities, transmits gained information to remote servers and annoys you with pop up advertisements. Internet users are often unaware that spyware has been downloaded to their computers and owners of computers infected with spyware generally claim that they never authorized the installation. This problem has started to get attention from legislators, as gaining unauthorized access to a computer is illegal under computer crime laws.

As spyware is installed quite often bundled with useful and desired software (shareware) the producers of the malicious applications primarily argue in defense of the legality of their acts that, contrary to the users' claims, in fact consent to the installation is given. The legalese text of the end-user licence agreement (EULA) would include the description of the spyware. Spyware companies play with the fact that many users habitually ignore these purported contracts and insist that users have consented to the installation of their software.

In addition, these EULAs seem to be made intentionally ambiguous with unobtrusive key contract terms and excessive in length. Such kind of agreements which cannot be binding could occur in the case of fraudulently installed spyware like e.g. drive-by downloads where the user receives no opportunity to either agree or refuse the contract terms.

Lawmakers should prohibit anyone other than the owner or operator of a computer to install software that alters Web-browser settings, collects personally identifiable information, monitors keystrokes, disables computer security software, or takes control of the computer (by accruing dial-up charges, or by opening a series of advertisements that can only be stopped by turning off the computer).

A “Spyware Control Act” should take into consideration:

  • To force spyware manufacturers to notify consumers when their products include spying applications - the notice should describe what information would be collected and to whom it would be sent. The spyware would then be forced to lie dormant unless the consumer chooses to enable it.
  • To force spyware manufacturers to ensure that the information gathered from their products is properly encrypted and adequately protected from malicious hackers.
  • To include some right-minded exceptions to the notice and consent requirements (if e.g. spyware is used to collect information that would only be used to provide technical support for the software, or to determine if a given user is a licensed user of the product, or for employers using spyware to monitor Internet usage by their employees etc.)

The fact is that sooner or later a law to control spyware has to be proposed and for sure it will be a challenge for governments to establish it appropriately.

At the inaugural Asian Internet Security Summit 2005, MediaBUZZ Pte Ltd started the discussion about Asia’s concerns to address the harms associated with spyware in an open forum targeted at the ICT industry, governments, and academia. 

Let us know your opinion and thoughts on how to STOP SPYWARE threats and send us your comments!

Daniela La Marca

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