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FTC Officials Wary of Spyware Measures

Nofsck Ingcloo writes "News.com is reporting thusly: 'Two Federal Trade Commission officials ignited a political firestorm on Thursday by criticizing proposed laws targeting spyware and suggesting that the measures might harm legitimate software products, too.' During an appearance before a House of Representatives panel, FTC Commissioner Mozelle Thompson said the measures were the wrong approach to spyware and adware. Basically he is advocating a 'don't throw the baby out with the bath water' approach."

32 of 242 comments (clear)

  1. Wonder how much... by Zondar · · Score: 5, Insightful

    he gets from these so-called "software companies" in contributions?

    1. Re:Wonder how much... by Lumpy · · Score: 4, Insightful

      he gets from these so-called "software companies" in contributions?

      I dont think it is that, I am almost 100% sure it's just that these decision makers are incompetent in understanding what is actually being talked about.

      These are men and women that dont understand a computer one tiny bit to begin with let alone the concept of a software program installed that does things secretly behind the scenes that you are not told about.

      It's either someone in their staff is not accurately explaining to the leaders what the spyware really does, or this is a glaring example that the people being chosen to lead this country are in reality horribly underqualified to do the job they were selected to do.

      I am betting all my money of the latter.

      --
      Do not look at laser with remaining good eye.
    2. Re:Wonder how much... by Anonymous Coward · · Score: 2, Insightful

      The perfect time to cheat is when you are beyond reproach.

      However, I do feel that the end result of combatting spyware is going to be more control for the government of the United States.

    3. Re:Wonder how much... by B'Trey · · Score: 4, Insightful

      We know that lawmakers are incompetent when it comes to understanding technology. We know that when they try to write legislation controlling technology, it's almost always a bad thing. (I say "almost" but right now, I can't think of a single counter example.) We are all aware of the purported intent of the DMCA. Whether or not you support that stated intent, we're all aware that it goes much further than that - that it threatens legitimate research into encryption, that it's used by large corporations to browbeat small companies and individuals into submission, and that it's simply a Bad Thing, regardless of the intent.

      So someone stands up and says "You know, Congress doesn't have much of a track record in writing technical legislation. The intent of anti-spyware legislation might be good, but I'm not sure that the actual legislation as written will accomplish the intent and it might actually have some far reaching implications that go well beyond the intent. Lets make sure that what we pass into law is the right way to do this." Why is it that that guy's a bad guy who's being accused of being a bribed shill for corporate interests?

      I don't like spam, I don't like spyware, I don't like trojans or worms or viruses. But I dislike Congress' meddling in these affairs even more - they almost always bungle the attempt and cause more harm than they do good; often they cause more harm than the problem they're trying to fix. Law isn't the solution to technical issues. Let's leave the clueless lawmakers out of it.

      --

      "The legitimate powers of government extend only to such acts as are injurious to others." Thomas Jefferson.

    4. Re:Wonder how much... by Anonymous Coward · · Score: 5, Insightful

      First the average whining slashdotter above was making a joke based on his name.

      Second honor in one scenario doesn't mean honor it all. I know nothing of Mr. Swindle so I assume he's an okay guy until he proves otherwise (which is unlikely since I'm unlikely to ever meet the man and he's unlikely to ever be in a high level scandle that makes CNN) but the thing that irritates me is the assumption that he's stand up because of an event 30+ years in the past. Yes he did good, yes he was honorable, yes it was important...no it was not the sole act by which he should always be judged from now on. I appreciate Mr. Swindle's service to this country and I thank him for his honor in a time of emense hardship and torment but that does not make him above questions or reproach should he be involved in something shady.

      Honor and honesty are life long pursuits and those that don't see that (i.e. cops who cover up for other cops, soldiers who hide war crimes because of justifications of brotherhood, preachers who betray financial trusts in the name of God, and in general any of the any means necessary causes out there, et. al.) are the enablers of corruption in our society.

      That said again I'm pretty sure the slashdotter was making a lame joke based on his name...get a life and see if someone can't remove that chip from your sholder.

  2. Chuck it by nycsubway · · Score: 5, Insightful

    Heave the "baby" out with the bathwater. Spyware is called spyware because of what it is. There's no mistaking a legitimate program that user chooses to install. In my opinion, if the user knows its being installed than its not spyware. If the user doesn't fully know whats being installed than it is spyware, and that type of software should be chucked out with the bathwater.

    1. Re:Chuck it by mi · · Score: 4, Insightful

      Will you mother know about the bug-reporting part of Mozilla, when she chooses the "complete install" -- on your insistence, she does not use IE?

      --
      In Soviet Washington the swamp drains you.
    2. Re:Chuck it by jafomatic · · Score: 5, Insightful

      If the user doesn't fully know whats being installed than it is spyware

      And how exactly do you propose to verify this beyond a doubt? Consider the old RealPlayer, which some of us were willing to install that first time, that required non-beginner knowledge to fully remove.

      You and I may know what we're installing, and we might also consider it pretty stupid-easy to go edit out the thing's entries from our windows registry, but that doesn't mean your below-average-or-average user will comprehend this. Those are exactly the people who are most affected by spyware.

      The rest of us already know how it got there and how to get rid of it.

      --
      ::jafomatic
    3. Re:Chuck it by platypussrex · · Score: 5, Insightful

      The article quotes the FTC guy as saying that if Spyware laws were implemented, then every time one did an install of something such as Office there would be hundreds of "helper" programs that would need permission, or warning, or whatever.

      I can see his point... if the user is asked for a blanket permission at the start of the install then it negates the purpose of asking permission for the spyware components but if each individual program asks permission, it would take all day.

      So what's the solution?

    4. Re:Chuck it by Mr+Guy · · Score: 5, Insightful

      No one seems to mind the checkboxes that already come when installing massive multicomponent programs such as Windows or Linux to begin with. You know the ones, they have tree hierarchies and let you select the features you want and not to select the features you don't.

      Solving the problem for MOST legitimate software is as simple as requiring any software by a third party to have it's own checkbox and explanation of what that software does. Require a set of privacy keywords that is legally enforcable in those explanations. For example, a legal description for Gator may contain three keywords words: ADVERTISEMENT POPUP PHONEHOME. They could define as many keywords as the public wants, performing a "spyware function" without notifying via the keyword would trigger heavy fines. Requiring a link to a privacy policy wouldn't be a bad idea, assuming that policy had any legal weight to it.

    5. Re:Chuck it by B'Trey · · Score: 2, Insightful

      The "baby" in this case, is useful comuting tools.

      Consider a law which prohibits sending any personal information without the owner's express permission. What is personal information? Well, I have an account with Speakeasy which provides me with a static IP. That IP is leased to me and is conceivably traceable to me. It's therefore arugable that any program which is network enabled sends out personal information - my IP address. Do you want to have to personally OK every IP packet that's sent from your computer? Or click an "OK" button to install every network enabled utility the next time you install Linux?

      THAT's the "baby" we don't want to throw out. Spyware is like pornography. You know it when you see it but crafting a specific legal definition that doesn't intrude on all kinds of legitimate behavior is quite difficult.

      --

      "The legitimate powers of government extend only to such acts as are injurious to others." Thomas Jefferson.

    6. Re:Chuck it by B'Trey · · Score: 3, Insightful

      Defining "spy on the user." That's the problem. If you think it's easy, then post a response with a definition. Explicitly describe what's allowed and what isn't. I'm waiting to read it.

      --

      "The legitimate powers of government extend only to such acts as are injurious to others." Thomas Jefferson.

    7. Re:Chuck it by tabdelgawad · · Score: 2, Insightful

      The solution is simple: keep the government out of it. And I don't say that on libertarian grounds, but on practical ones.

      Let me ask this: how many people reading this comment actually have spyware on their computers? How many have spyware on computers they have admin rights to? And how many here couldn't clean out spyware from any PC inside of an hour? I'll guess: None, none, and none.

      The point is this: technological solutions exist already. Why tempt the law of unintended consequences by trying to legislate away a problem that has other solutions?

      --
      Imposing Libertarian views on everyone online since 1992.
    8. Re:Chuck it by spiritraveller · · Score: 2, Insightful
      This is Congress we are talking about. Do you really expect them to come up with a law that tells people what kind of software they can distribute, without doing something INCREDIBLY stupid???

      My apologies to the few (such as Al Gore) who though they may not have invented the internet, have been well-informed about technology. However, most of them are incapable of NOT screwing up this type of legislation.

      You really want the government to tell you what kind of software you can write?

      Maybe they should have a law that says you can't put bugs in your software either.

      Maybe they should have a law that makes invalidates any waiver of the implied warranty of merchantability in software. How do you think that would affect open source projects? Not well. Not well at all.

  3. Re:For all the people supporting outlawing spyware by jafomatic · · Score: 2, Insightful

    I'm not sure I fully agree with your description of the problem, but I think you're mostly right here.

    Any attempt to describe the injustice in a foolproof way will only (or probably only) assert heavy restrictions on valid software. Any attempt to prove that the software was "granted" permission by the user will result in deeply-hidden and cleverly-worded explanations of what the software is doing. The same folks that are susceptible to it today will still be susceptible in the end.

    --
    ::jafomatic
  4. Self-regulation by Savage-Rabbit · · Score: 3, Insightful

    Voulentary Self-Regulation by industry=Popular Republican political strategy. Basically a neat way of pretending to do something while actually ignoring the problem.

    --
    Only to idiots, are orders laws.
    -- Henning von Tresckow
  5. No baby by Hi_2k · · Score: 4, Insightful

    There's no baby in the bathwater of ActiveX installs. There never was. Who needs software installed directly from the web browser? Legitimate installer programs are easy to come by, and most people who are able to go out and search for the software in the first place are smart enough to get it downloaded and installed.
    There is a problem in preventing "Third party installations" from being included in the installers, as many games and legitimate tools have come to rely on DirectX, Quicktime, and Rad Game tools. But there is no necessity to include them as part of the installer itself. Meerly make a note in the installer that you need to install these utilities too and that they are included on the cd or in a setup directory.

    --
    When life gives you crap, Make Crapade.
    Sluggy Freelance.
  6. Hmm, someone is not thinking straight. by ScouseMouse · · Score: 2, Insightful

    Personally i regard spyware and adware the same way i regard rootkits. The machines real users mostly dont know there there, they are using my computing power and bandwidth to provide service to some other person who is using the access to my computer to gather information about me and use this information to target me with traffic i neither like or want, and in some cases, hijack *my* internet services.

    I personally dont particularly like adverts on web pages, but i can see they are needed on some sites that can only survive by the revenue they generate.

    The fact that theftware (I think this is a reasonable description of programs which steal my bandwidth and steal others advertising space) such as Gator *steal* (And i cant think of any other way of describing this) the advertising space, paid for by companies that are *supporting* some of the websites i view, strikes me as the most dodgy tactics imaginable, and i hope these companies go broke.

    If there isnt a law covering this disreputable activity already, i hope we get one soon.

  7. As in real life by Alcoyotl · · Score: 5, Insightful

    We have regulations on what people can and cannot do with private property, why should an online computer be treated differently ? Oh yeah, they flash a so called licence agreement to the user just to be on the safe side of the law, that you dismiss by either clicking yes or no (read the very fine prints). That is unnacceptable. Any program installing on a computer should clearly show how to exit the installation process, and better, unsollicited installs should be banned altogether. I'm talking about thoses occuring when you just load a web page. You never asked to install anything, or never wanted to do so, yet something asks you install it, often in a deceptive manner.

    This shouldn't be too difficult to pass such a law, and legit businesses will adapt very well. As a matter of fact, legit businesses already have adapted : a clear warning or information page with a link to the install program. Plain and simple.

  8. Solution is still crap... by SmurfButcher+Bob · · Score: 4, Insightful

    *End Users* do not gain any authority by the fact that they can sit at a keyboard.

    Doesn't matter if it's a 12 year old kid at your keyboard in your house, and it doesn't matter if it's a secretary in a 500 person company. Neither of these people have the authority to consent to anything, especially binding agreements (and contracts, which is how the s/w industry would like their EULAs treated).

    All this crap does is legalize social engineering. Think about it.

    --

    help me i've cloned myself and can't remember which one I am

  9. Spyware is good for linux by codepunk · · Score: 2, Insightful

    I love spyware, the more machines infested with it the better. Users get fed up with all the pop ups and machine stability problems. I either get money to remove it or it becomes amazingly simple to convince these people try Linux. It also had a dramatic effect on overall TCO of the environment. I work in a mixed environment windows and linux desktops. The windows side takes three to four times the amount of maintenance because the support guys spend at a minimum 70% of their day cleaning machines.

    --


    Got Code?
  10. Minimum by moxruby · · Score: 3, Insightful

    At the least, there should be a law requiring all installed programs to show up in the "Add/Remove Programs" dialog and actually remove themselves when told to do so...

    1. Re:Minimum by Hatta · · Score: 2, Insightful

      Do you really want the government telling you what you have to put in, say a CD ripping script you made to kill time and posted on the internet in case someone found it useful. Or if you write some odd utility and only distribute source, how are you going to know whether you need to use rpm or dpkg or hell maybe they're installing under cygwin on windows.

      Yes, maybe 99% of software is distributed on windows or through a package manager. But the law applies to 100%.

      --
      Give me Classic Slashdot or give me death!
  11. Separation by BCW2 · · Score: 2, Insightful

    This should be OPT-IN only, just like SPAM should be. It has to clearly state what it is and what it does, ie, it snoops and reports your every move whilr browsing and targets ads at you based on this. It should also be required to ask permission to install.

    Any thing less and it should all be illegal, with large fines and loss of internet connection for that company, for 5 years. If that closes them down, so freakin what!

    --
    Professional Politicians are not the solution, they ARE the problem.
  12. Re:For all the people supporting outlawing spyware by Maestro4k · · Score: 2, Insightful
    • This is a slippery slope, people. You can make something illegal just because you don't like the idea of it. If people are installing this at-will, then there is nothing morally or ethically worng with it.

      The only 'spyware' that is problematic is the kind that installs itself by exploiting software bugs in browsers, and that is already illegal: it's called a virus.

    This is a rather optimistic view of things, I take it you've never run afoul of much ad/spy-ware. The issue isn't so much software that people willingly choose to install (although Gator and some others don't really warn you fairly about all the popup ads you'll be getting as a result) but about software that installs itself piggy-backed onto other software without warning. Most spy-ware especially is like this. Even once you find out it's there, getting rid of it takes an act of God, or at least 3rd-party software. Why? Because at best the company only provides a broken uninstaller, normally there is no uninstaller. Add in the fact they often don't show up under add/remove programs (let's face it, this is primarily a Windows-land issue) or even under program listings, and you have software that is NOT even trying to act like it's a legit install.

    So sorry, this isn't a slippery slope, this is about making the software companies that put this crap out start playing nicely and acting like good citizens of the online world, as oppossed to their current shady, back-alley actions.

  13. The point here. by Raven42rac · · Score: 4, Insightful

    The point is this: no legitimate software should install something that you don't want, period. Ads I can agree with, people gotta eat, but Spyware is showing complete disdain for your userbase and really insults them. That would be like a car dealer giving you a free car, equipping it with GPS, slowing down the engine, making it run like crap, installing a hidden camera, and then slashing the tires. Spyware companies are not very well known for following the law, so one would hope this does not provide loopholes and ends up legitimizing Spyware, as is happening with SPAM.

    --
    I hate sigs.
  14. Re:For all the people supporting outlawing spyware by Mr+Guy · · Score: 2, Insightful

    You people should be ashamed of yourselves. These people have the right to make money like everyone else!

    This is the most common fallacy I see in today's political atmosphere. No one has the right to make money and the government's job isn't to make sure people with crappy ideas or products no one wants stay in business.

    Newsflash to programmers: If people will work cheaper than you they will get your job.
    Newsflash to farmers: Some crops don't grow well in some states.
    Newsflash to RIAA: No one NEEDS you anymore, Musicians can produce without you and we can sure as hell distribute without you.
    Newsflash to Unions: See Newsflash to programmers

  15. Protecting Oil by thpdg · · Score: 2, Insightful

    Is this any different from lawmakers doing things to protect the auto, oil, media, etc industries? They have an interest, because these companies pay for campaigns. They don't try to force down gas prices, they don't force too many radical automobile innovations, they don't try to keep cable prices down (except for token, known to be worthless, efforts)
    I don't know of any spyware makers big enough to support politics, but who knows. Maybe Time Warner, or GE owns something we don't know about.
    Just a thought.

    --

    -Patrick

    "They never stop thinking about new ways to harm our country and our people, and neither do we."

  16. Different agency, different M.O. by Anonymous Coward · · Score: 2, Insightful

    All it takes is one death for the Food and Drug Administration to ban ephedra, when many people use it intelligently just fine. Those people don't need "protection"

    In contrast, the FTC doesn't want to protect you because spyware "might hurt good software" Yes, let's leave open the possibility for malware, spam, Windows, etc., to take over your computer, steal your identity, wipe out your bank account, etc. Those things can also "kill" your livelihood, in a sense.

    Bah.

  17. Geez, lighten up by sczimme · · Score: 2, Insightful


    It was a simple - and amusing - idea that an FTC commissioner would be named 'Swindle' - nomen erat omen and all that. It was not an ad hominem attack or an attempt to assassinate Mr. Swindle's character.

    (603413 Posties - now with 100% of your recommended daily allowance of Latin!)

    --
    I want to drag this out as long as possible. Bring me my protractor.
  18. Double Standards by Bob9113 · · Score: 3, Insightful

    Basically he is advocating a 'don't throw the baby out with the bath water' approach.

    It's hard not to become cynical about the state of US "democracy" when spyware and spam illicit a "don't throw the baby out with the bathwater" response, but the DMCA slides through congress on a greased fast track.

  19. Windows Messenger Service! by budgenator · · Score: 3, Insightful

    Windows Messenger Service! What in the hell was Microsoft thinking when they allowed routable IP's to connect to Windows Messenger Service by default.

    Seems like every time I thought I had it turned off, some damned windows update would turn it back on. Microsoft must have been paid off by spammers worried they couldn't use Email anymore, makes more sense than they're just that stupid.

    Finaly bought a linksys router (which runs on Linux) to make the messenager spam go away for good.

    --
    Apocalypse Cancelled, Sorry, No Ticket Refunds