House Passes Another Spyware Bill

SkippyTPE writes "The AP reports that the US House of Representatives has unanimously passed a law criminalizing Spyware. This is the second such bill in two days (the first imposing civil penalties, whereas this bill imposes criminal penalties). Information on the bills (HR2929 and HR4661) can be found here and here respectively."

Comments

Maybe another Law isn't necessary

[stecoop]

Let's think about these laws before we cheer - say to yourself will the world be a better place with yet another law. I applaud the efforts of the government protecting the people but marketing comes has to come from somewhere; like Nielsen rating system by which advertisers use to by spots on TV, somewhere there has to be a way to understand what works on the internet. The law bill clearly states that installing tracking devices on someone else computer will be punishable by imprisonment - you will no longer to be able to track logins via cookies or be running a risk from court interpretations of the law.

As for the second part of the law, phishing:
Zoe Lofgren D-Calif. - cited estimates that up to 90 percent of computers contain some forms of spyware. Lofgren said her daughter was recently victimized by electronic thieves in a phishing scam
It is good thing that 10% of the market is either running an alternative browser and/or operating system preventing those infections. But being victimized via email I tend to say that email isn't secure therefore nothing in email can be trusted - thus let the buyer (user) beware. Over the long haul, Darwinism will balance things out and the law will be just a hoop and dance show for elections.

Re:Maybe another Law isn't necessary

[dewke]

You do realize that to be a "Nielson" household you have to volunteer. It's one thing to volunteer to have your browsing habits monitored, and something else to have crap like gator shoved onto your pc because you don't know any better.

Re:Maybe another Law isn't necessary

[brianosaurus]

Its unfortunate that there is another law, but its even more unfortunate that it got to the point of NEEDING another law.

Its unlike the controversial DMCA and INDUCE Acts, which are pre-emptive strikes from a huge lobby, establishing laws before there is a problem. Spayware is a problem, amd its becoming more of a problem every day.

Sure everyone knows its "wrong", but its not yet illegal so unethical types will exploit it. Of course we're now exposed to the unethical types who will exploit certain interpretations of the law, but hopefully the Justice Department can do something about them.

Laws don't make things right or wrong, they just make things illegal. The behavior was wrong/right before the law eas enacted, but the community was, apparently, powerless to do anything.

Perhaps Microsoft (for example, since approximately 100% of the spyware I know of is for Windows) could have come up with a technical solution to the problem, but they didn't so now its a law.

been there

[GerbilSocks]

Spyware will just move offshore. More governmental bullshit.

Loophole City

[American AC in Paris]

From the Yahoo! blurb:

It would add penalties of up to five years in prison for people convicted of installing such programs without a computer user's permission.

If this is really the case, this law isn't going to do a damn thing--all it means is that spyware developers will need to put a sufficiently dense bunch of legalease on page eight of the EULA. (It was noted somewhere--NPR, I think--that the typical EULA is measurably longer than the Constitution of the United States...)

"From time to time, Awesomeness2004!!! Pro may gather usage statistics and other information and transmit this information to the ShadyCorp central server."

"By clicking 'I Agree', you grant ShadyCorp permission to install Awesomeness2004!!! Pro. To take advantage of certain advanced features, Awesomeness 2004!!! Pro requires SnifferExeDllBuddy. SnifferExeDllBuddy may track and report usage statistics and other information."

"ShadyCorps is concerned about your privacy. Your personal information will only be made available to ShadyCorp and approved ShadyCorp partners."

Forget teeth--this law'll be lucky if it can manage to gum hungrily at the bastards' ankles. How about a law that renders post-POS EULAs null and void?

Neilsen pays you cash money.

[glrotate]

Spyware installs surreptitiously and degrades you performance.

What spyware outfit do you work for?

Double edged sword

[rhsanborn]

Well, I really would like to see the death penalty brought in as punishment for spammers and distributors of viruses and spyware, but I also think that the expansion of law in this area has the potential for being over-broad and being abused. We need to take a long hard look at these solutions and decide whether we want to let the government try and take care of this, or let industry try to weed it out.

The government can't enforce a large portion of the laws it already has enacted. So they sit there helping no one, all the while they are waiting to be used in ways they were never designed for. I'm just real uncomfortable with it.

How about we educate users on good internet habits, and let the industry develop better ways to eliminate spyware.

Re:sorta OT

[Celt]

Yes!
Stop using IE = problem solved :)
www.mozilla.org

--

Re:Simple Answer

[Da_Fridge]

The Problem is that, this law is really unenforcable. Atleast, not to the point where it is financially practical. The only way to stop it is either to build better programs, or not to go to sites where this stuff begins. I am a lucky one, I DONT (as in not 1 piece) get SPAM. I dont go to these sites and I stay clean. People always forget, the internet is just like the hooker from Thailand. They are both dirty and before you use them you need protection.