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Australian Gov't To Consider Spyware Laws
bernie writes "It seems the US is not the only country with spyware legislation in the works. According to this Computerworld article, a bill outlawing the 'harvesting without consent corporate or personal information via a Web site or with software applications for marketing purposes will be classified as 'spyware'' and is set to go before parliament later this year. In addition to making all 'spyware' opt-in the bill will cover 'malware' such as viruses, trojans, and worms. Interestingly, the article cites lack of 'international cooperation' as a barrier to effective enforcement of cyberlaws. Also included is a statement from the EFF that it 'would like to see a more serious effort made to use existing laws against unfair trade practices, misrepresentation, computer fraud and abuse, before new technology-specific laws are passed'."
Spyware. It's nasty. But...(and I hate to say it), I make a pretty good amount of money removing it from client PCs. "Internet Optimizer" and "XXXToolBar" are 2 of the more particular nastier ones I come across. It makes it virtually impossible to use IE. When one finds out what these nasties do and how they do it, one gets surprised that they aren't illegal yet. I am all for making this stuff illegal but I sure will miss the extra income.
You'll have that sometimes...
The same approach might be less effective against corporations, but I'd still love to see an attempt.
One nasty problem with this is the fact that often by the time you get to a page with a EULA, the damn site's installing spyware - and the EULA's something along the lines of "by looking at this page, you agree to be infested".
Yeah, there's a EULA, but it's effectively worthless, and is just a get-out-of-trouble clause for the malware supplier...
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"I did nothing. I did absolutely nothing and it was everything that I thought it could be."
would like to see a more serious effort made to use existing laws against unfair trade practices, misrepresentation, computer fraud and abuse, before new technology-specific laws are passed
Here, here -- why aren't fraud and other bad-trade laws used more often? Is it a lack of resources? A cultural zeitgeist that embraces legal-gymnastics and rationalizations as legal compliance for prima faciae unethical conduct? Part of the current administration's pro-corporate/pro-business mindset?
It just seems that as long as you're not outright *stealing*, you can get away with pretty much anything, and it's not fraud. Has this always been the case?
If it has an EULA and people have to "accept" the program before it runs, should it be placed in the same category as other spyware? If you say "no - it's still spyware all the same - people just click through the EULA without reading it", then what would you say about Windows XP, where you have an EULA and data gets transferred to and from Microsoft regularly (especially if you use Windows Media Player 9)?? Is that the same thing?
Users need to take some responsibility for clicking through EULAs. There are many laws against reckless driving but I still have to CHOOSE to drive down a one-way street in the wrong direction. Who's at fault here? The law for not being strong enough or me for being an idiot? Users who choose to install software without thought are in the same boat. There are limits to the effectiveness of any law.
If spyware makers create a valid EULA and requires a valid install procedure (one which doesn't hide additional installs, for example), I would say, grudgingly, that there's a place for these programs in the world.