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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."
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.
evil empire...
I know I'm going to be modded up on this
Spyware will just move offshore. More governmental bullshit.
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?
Obliteracy: Words with explosions
Spyware installs surreptitiously and degrades you performance.
What spyware outfit do you work for?
Is there a good HOWTO on cleaning up a Windoze box from spyware and keeping it clean? I use the following method:
Install Ad-aware, update, clean, reboot, clean
Install Spybot S&D, update, clean, reboot, clean
Install Spywareblaster, update, enable protection
This method has worked pretty well in the past. In the last couple days, I've gotten infected by some browser hijackers and no amount of cleaning and resetting things will delete the %$#@$$#%ers. Is there a better method?
There is no reasonable defense against an idiot with an agenda
:wq
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.
No, the AP correctly reported that the house passed a BILL. A BILL is not a LAW until it passes through the entire congress and the president signs it. (Remember the Schoolhouse Rock song, "I'm just a Bill"?)
John
"...has unanimously passed a law..."
How come they never pass any laws posthumously?
Does this mean that the software that the FBI uses to track email in an effort "to fight terrorism" falls under the "spyware" law?
~G
If this becomes law, and a piece of spyware is found to be illegal, who exactly goes to jail? The programmers who wrote it? The stockholders of the company that paid the programmers to write it? The owners of the web site from which a user unwittingly downloaded and installed it? Suppose I determine that I got a piece of spyware from IP address X... is the ISP on the hook for criminal charges too?
Give Congress credit for trying, but I don't see you can realistically make installing spyware a jailable offense.
Seriously, I'm all for anti spyware and anti scam measures, but is this really going to address the core issue? That is, people aren't educated enough to NOT fall for scams? And if they AREN'T educated enough to not fall for it in the first place, what good will the law do?
:D ) is long gone. Incidentally those people who would be fooled by spyware are more than likely those who wouldn't know how to deal with it in the first place (spybot, adaware, or cleaning the system registry manually).
A current example may be those "multi level marketing schemes" like Vector or Pre paid legal (they are really just pyramids in disguise). We've got laws against pyramid schemes, and yet these companies are still around (they call themselves multi level marketing in most cases, just to avoid the legal hassels). The people who actually get caught up in the schemes are those who are a) to stupid or b) to greedy to not realize what's going on; and by the time the person has found out that they have been duped, the perp (I've been watching law and order
And then there's the question of how many people will actually actively pursue a lawsuit against spyware companies. I'm willing to bet that most people will say, "spyware is against the law, the companies can't do that and if they install it on my computer I'll write a nasty letter to them" instead of "spyware? time to sue". Almost like what's going on with spam..
Does this mean that having a software application that automatically updates itself with a newer version that has bugs that compromise the security of the computer and all information within can now be considered a criminal offence for the software developer ?
Because if not, every worm writing script kiddie is probably crapping a load right now. The law goes into effect today. If your worm infects someone tomorrow, even if you wrote it years ago, you're hosed.
I hope.
Weaselmancer
rediculous.
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.
If I wanted water, I'd ask for DiHydrogen Oxide!
the spyware is still being created by or contracted for american citizens. doesnt matter if they operate their scams offshore. they're still under US jurisdiction.
This is the bill Philip Corwin, Kazaa's lobbyist, wanted.