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Judge Halts Utah's Spyware Law
TheFarmerInTheDell writes "According to CNet News, a judge in Utah has granted an injunction to WhenU.com to temporarily halt the state's new anti-spyware law from going into effect. WhenU filed suit in April asking for an injunction, and this judge has decided that their claim of abridging their First Amendment Rights has enough merit to issue the injunction. What about our rights not to have to deal with this scumware?" (This previous post mentions Ben Edelman's research on WhenU and other spyware makers' activities.)
Their right to put software on your computer will last a lot longer than your rights as a private citizen as long as they spend more money on political parties than you do.
By putting spyware on the computer, they are in effect breaking and entering into your property. This is NOT a free speech issue, any more than someone spray painting on the side of your house is free speech. It is tresspassing.
Rhymes that keep their secrets will unfold behind the clouds.There upon the rainbow is the answer to a neverending story
In response to:
I am not sure we have any such right really. Privacy is not a consitutional right. Laws have been passed to protect our privacy in certain situations and that is good. But there is nothing that makes our privacy an irrevocable right that would extend beyond what has been legislated. Utah did the right thing by passing this law since it strengthens individual privacy. The courts however should hear the case if free speech is at stake, which I doubt it is since most spyware doesn't talk to you or express itself cause that would reveal that it was there. So I think the legality issues need to play out, but I think we should all watch our tone since ignorance is a dangerous thing...
But seriously, why can't they be sued for cybercrime? If installing software without permission is perfectly legal, I have some keylogging software I would like to put on my banks PC's. I wouldn't argue privacy, I would argue the fact that they are putting software on your computer without your knowledge, that may cause problems in your system critical applications such as porn.
Why do companies have rights the same as people have rights? It seems odd to me that companies aren't punished like people, but they want to be treated like people. I personally would love to see a corporate death sentence. If your products kill people and someone in the company knew it, the company should be instantly disolved.
Personally, I think the US needs a corporate bill of rights, and those rights need to be seriously limited compared to my rights. Any first amendment rights should end where personal irritation begins.