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Spyware Notification Bill Introduced

cheinonen writes "According to this article at News.com, Rep. Mary Bono has introduced a bill that would require software manufacturers to notify you if they plan to install spyware on your machine. I might not be a legal genius, but won't they just get around this by noting this in the EULA, which many people already do, since you're supposedly required to read and agree to that anyway? Will this bill do anything at all?"

10 of 25 comments (clear)

  1. Legit by yasth · · Score: 3, Insightful

    It will mean that spyware can now be described as a legal regulated industry which will mean companies will be more likely to use it.

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  2. The Benefit would be... by gartogg · · Score: 4, Interesting

    That if it's a self installer, and It dpesn't com packaged with another application, It would need to pop up a Window. This in itself would slow the spywear installation trend.

    And no-one would mind a lawsuit for no-compliance... except the bastards who are trying to invade our computers in the first place.

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  3. big surprise. by Unknown+Poltroon · · Score: 4, Insightful

    Let me guess, the bill will have no teeth, and yeat the senator comes off looking like someone whos doing a good thing. Smoke and mirrors, the foundations of current politics

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  4. "conspicuous location" by ClosedSource · · Score: 4, Insightful

    From the article:

    "The bill would require companies to post an agreement in a conspicuous location telling computer users that spyware is being installed."

    I doubt that the burying it in the EULA would qualify as "conspicuous", but the devil is in the details of the bill.

  5. See: Tobacco and Alcohol labeling. by jfisherwa · · Score: 4, Interesting

    If they made it similar to the Surgeon General's Warning on tobacco and alcohol products, whereby the company basically gets to choose from a number of straightforward preset messages that must be displayed as prominently as the company logo and be at least %n as large, I think we could have a winnner.

    WARNING: This software includes "spyware," which when installed will grant us access to track all of your web viewing habits.

  6. More informed users, less Kazaa? by s4f · · Score: 5, Insightful

    Didn't the act that created virtual perpetual copyright come from Mary Bono? (Or Sonny get that one done before he became one with that tree?)

    In any case, what's the most popular SpyWare? Kazaa?

    Who's the favorite whipping boy of the "copyright industry?", Kazaa?

    Who derives most of their profits from SpyWare? Kazaa?

    Who would be most inconvenienced by a law that forced them to tell their customers that they're installing SpyWare? Kazaa?

    Who among the the average userbase would choose to install SpyWare on their systems if it was made plainly obvious to them that it was happening? I'd say less than do now.

    Less users, less profit, less Kazaa to annoy "Big Media."

  7. Shift of burden. by secolactico · · Score: 2, Insightful

    Will this bill do anything at all?

    Why, yes of course. It will shift the burden of responsibility to the user. Just like cigarettes warnings. You can no longer use ignorance as an excuse. If you didn't read the terms of the agreement/warning label, it would be your fault.

    Also, spyware would become "legal" since it's regulated (as a previous post said) making developers less shy of them.

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  8. Bono's Campaign contributions by sirmikester · · Score: 3, Informative

    According to her campaign contributors in 2002, no software corporations have any vested interest in her. I think is a good thing that she's doing something for the consumers for once instead of for the companies/people that support her. On the other hand... SBC did donate quite a bit, maybe she's just trying to cut down their bandwidth costs by cutting down on all of the spyware thats used...

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  9. It's pointless by shamino0 · · Score: 3, Insightful
    Such a law is pointless.

    So now they have to inform you. So you'll get a dialog saying "We are installing spyware. Click here to install it or here to abort this installation". Do you seriously think they'll give you the option of installing the program without the spyware?

    It's just like those draconian EULA terms on Microsoft's security updates. If you don't agree to the terms, then the installer doesn't run and you have a computer with known security holes in it.

  10. Sounds good to me... by Anonymous Coward · · Score: 2, Insightful

    Why all the cynicism about whether people read EULAs? Sure, it takes some effort to scan through and comprehend the terms of a contract, but it's something we all should do. I just bought a house, and I was astonished how many of my friends said "you'll never be able to read through all those documents and know what's going on. Just trust the title officer."

    Well, I did read through it, and it took some time and effort, but it will pay off for years to come - because I actually have an understanding of WHAT I AGREED TO.

    If a EULA (or any other contract) is poorly written and difficult to comprehend, that's cause for concern. But if it's just a bit longer than you'd like, quit whining and start reading. Not getting shafted STARTS by paying attention to what you're agreeing to.