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Australian Gov't To Consider Spyware Laws

Posted by Hemos on from the about-time dept.

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'."

4 of 76 comments (clear)

  1. Too bad.... by tha_mink · · Score: 5, Interesting

    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.

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    You'll have that sometimes...
  2. they should have followed New Zealand's lead... by MariaK · · Score: 4, Interesting
    It would be so much neater to just go the same route for distributors of spyware as some have done for spammers. Release their personal information online along with a description of their offenses and let the outraged masses take care of it. Prosecute fully for any violent offenses, but if the offender is simply driven to cut off his phone line and Internet connection thanks to all the harassment he gets, that'd be fine.

    The same approach might be less effective against corporations, but I'd still love to see an attempt.

  3. Re:How Does This Work by WoodenRobot · · Score: 5, Interesting
    Aren't these people warned in the EULA before they install?

    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."
  4. The EFF is catching on by swb · · Score: 4, Interesting

    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?