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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."
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The FTC representatives countered by saying that while they were "outraged" by spyware, a careful approach was necessary. In addition, during an FTC workshop last week, a prosecutor noted that the Justice Department already had sufficient legal authority under existing computer crime laws to put the most noxious spyware makers in prison.
If this is true then why aren't they? There are certainly several spyware products "noxious" enough to warrant a prosecution. Sounds like a bluff to me.While I understand the FTC needs to protect legitimate business interests along with consumer's interests, this is ridiculous. Yes there may be difficulty in wording the bill so that it doesn't hinder legit software, but that's something that can be resolved. Self-regulation sure as hell isn't going to work, the adware and spyware companies have shown little to no restraint in doing whatever they damn well please.
Don't believe that last sentence? Just check out how they all claim you have to opt-in to their software, that it's never installed without your permission. Then check out the ad/spy-ware infected software installs and see if they warn you about them. I've yet to see a warning when one of the buggers shows up, and I do read the info during my software installs.
And finally, just try to remove one without a 3rd-party utility, they're nearly impossible to remove. That alone makes them trespassers to me, since you can uninstall them but they're still partially there, cluttering up your hard drive and mucking with your OS.
What's funny is that the Trade Commissioner listed after Mozelle on this page is named "Orson Swindle."
Orson Swindle spent six years being tortured by the North Vietnamese in a Hanoi prison. He came back from that without breaking and with his honor intact - I suspect he's a little beyond being bribed than the average whining slashdotter could even understand.
Some sensible regulations:
1. ALL seperate programs not fully integrated into the main program have to have a seperate EULA.
2. Software must come with an uninstaller that completely removes ALL elements packaged with the program.
3. "Phone Home" spyware must include in the EULA a list of exactly WHAT data it sends, and what protocals and ports it uses to do it.
4. Spyware makers MUST have provisions to comply with COPPA, and not collect information on persons under 13 (the killer nuke regulation, one Gator can't possibly comply with, but one they could be prosecuted for RIGHT NOW)...
Corporatism != Free Market
"Nobody is forcing people to install this software; people agree to install it themselves."
Bull!!!
I've a twelve year old developmentally disabled child who surfs wesites such as Disney, Cartoon Network, Goosebumps, Warner Brothers etc.
A recent cleaning with Adaware and Spybot Search and destroy revealed over 150 instances of spyware on his computer including one goofy search toolbar which prompted the most recent cleaning.
Do you think he agreed to install this shit on his computer? Most of the time I can't get him to agree to take a bath. Quite frankly, I think these kid friendly sites need to clean up their act or face some consequences.
They all have these nifty little games, wallpapers, movie trailers, along with, Gator, Claria, and tons of spyware children have to install to view or play the content.
While the majority of the American public lacks the critical thinking ability to be able to consider the far reaching implications of their actions there are a few people, hopefully in positions with real capability of impact, who can see the problem for what it is. The average American doesn't realize the full power vested in a web browser that integrates tightly with the operating system. Most Americans don't realize what kind of trouble they're getting themselves into when they demand that their web browser be able to directly access their sound card, or their video card, or integrate seamlessly with apps on their system so that everything seems to be running inside the browser window as if the browser _were_ the operating system. These citizens clamor for functionality and then clamor for security. It is possible to have both but the price is in learning or in cost and both of these are unacceptable to the popular citizenry.
People in general, and Americans in particular, are obsessed with the mantra of "do something". Perhpas it has been beaten into our culture from the WW-I and WW-II era old hardtimers who felt the indignance of being marched off to war and then watch their subsequent generations enjoy profit without the pain of shell-shock or watching best friends get riddled with bullets. Whatever the reason the American society seems to be unable to enter into a state of natural flux--ebb and flow. Instead American society is stuck in a full steam ahead approach to everything. Refinement means nothing and progress means everything. The definition of progress is addition and more addition. The component of progress that involves improvement has been swamped by the "do something" drive to add more.
Adware and spyware have come about because the operating system and web browser which appeals to the popular citizenry has given them what they want. It has given them more and more and more as they asked. When the problems arose that, in a normal system, would have encouraged refinement and improvement, the users demanded more and more and more. This resulted in EULAs. EULAs made it possible for the software industry to concentrate on giving the users what they want: more. EULAs made it possible for software manufaturers to be free and clear of the necessary refinements and improvements which could have made adware and spyware obsolete before it ever started.
The approach to this problem is not to pass more laws. That approach does nothing but feed the "do something" attitude which has brought us to the quagmire of today. The approach to this problem is to refine and improve what we have. We need not to add more laws but rather to remove the artificial laws which give umbrella protection to less than optimal designs.
+++ATHZ 99:5:80
Shouldn't spyware already be covered by laws against spreading viruses? Spyware is software installed on my machine without my knowing it, and this is exactly what happens when a virus spreads. What's the difference?
When it's distributed by a business, it's called spyware, and when it's distributed by a 14-year-old, it's a virus. Is this asinine or what?
I actually like microsoft's approach in IE - it tells you the signer of the app (if any), and gives you info on who's giving you the software. It lets you know exactly who's trying to install what on your machine. True, 90% of the time it's crap, but 10% of the time it's something genuinely useful.
Take DirectX out of the install package? Do you know how many calls to their CS that will cause? People are dumb - they don't read install notes (heck - on windows you don't have to). Also, an installer for a game should install the game on your machine, including everything it needs. It should be a two-clicks-and-youre-playing scenario, not a multiple-application approach to installing software. Windows users are used to minimal fuss when installing, and rooting around CDs for software you need to install is pointless (especially when most people will end up running the same apps in the same order, anyway).
It's false security. Moving DirectX/etc out of the install package just causes people to run them from different locations. If they had spyware in them, they'd still be installed on most computers. All you've succeeded in doing is making the install procedure more complicated and time-consuming. The same amount of machines will be tainted, regardless.
I had an oppertunity to drive one of our state representatives around for a weekend. And one of the things that I came to understand is how incredably difficult it is to write legislation, that does what it is supposed to, only does what it is supposed to, is applied by procesecutor's that are too zealous and too lax and is not ripped appart by judges that are too conservative, liberal or senile.
It's kinda like writing a program that has to be bug-free on release, the spec's change constantly and the whole QA department is at a seminar the last week of production.
Slow and careful can be good, it's not like there isn't good antispyware software out there for free. Personaly I use Spybot S&D it's free as in beer, no cost, exceptS donations. You can find them at www.safer-networking.org.
Apocalypse Cancelled, Sorry, No Ticket Refunds
The FTC is off their rocker. What legitimate software out there is unable or unwilling to comply with this legislation? Seems to me that simply notifying the customer of the exact actions of the software and making removal of the software a normal process would be sufficient. When I load software, and it includes components that may contact a website and send information, I want to be told this and EXACTLY what will be sent and choose yes or no to this specifically. A good example is WinAmp. After installation, I was asked to register and decide if I wanted usage information to be sent periodically. Self-correction has never worked with slimy businesses. The good businesses do change so that the distinction is clearer (no good business wants to be seen as slimy). However, the slime won't stop until it is made difficult to impossible for them to proceed.
I was taking one day at a time, but then several days got together and ambushed me. (from a Rhymes with Orange comic)