House To Enact Anti-Spyware Law

Stephen Samuel wrote to mention that the U.S. House of Representatives has readied the aptly acronymed Securely Protect Yourself Against Cyber Trespass Act (SPY ACT) for law. MS-BS has an article claiming that the bill allows a loophole for the makers of proprietary software. The issue at hand concerns Section 5, paragraph b, subsection 2, under the heading of limitations. The law does not apply to: "(2) a discrete interaction with a protected computer by a provider of computer software solely to determine whether the user of the computer is authorized to use such software, that occurs upon (A) initialization of the software; or (B) an affirmative request by the owner or authorized user for an update of, addition to, or technical service for, the software." The law, then, would disallow Gator and their ilk but would not hamper Microsoft's Genuine Advantage Program. More complete commentary is available at TechReview and About.com.

Comments

Re:hmmmm

[cplusplus]

Law takes precedent over a EULA.

Re:Story is slightly over-rated.

[DavidTC]

But everyone is authorized to use any software they possess. Use is not covered under copyright law.

Re:hmmmm

[Anonymous Custard]

Same thing that happens to the Nielsen company, who collects TV ratings by installing a special set top box in a sample of homes around the country who agree to participate: Absolutely nothing.

When it's completely transparent, and completely opt-in, there's nothing wrong with it.

Just like if you hire a bodyguard to guard you every minute from a safe distance, you couldn't go and sue him for stalking you. Sure stalking laws could apply to the situation - someone is following you around all day long, but since you asked for it and he'd stop if you tell him to stop, the law isn't really relevant.

Look at Lo-jack, or On-star. These are services where you agree to have your vehicle's location tracked - in fact you ASK them to - because you want their assistance in emergencies.

If you install a toolbar such as Alexa, you are doing so because you want this collective link tracking feature:

"Alexa's Related Links are a great way to discover new sites. As you surf the web, the toolbar is constantly updating with information about where other users visit." - and recommendations are made using this collective site-popularity data.

You and thousands of other users share your usage data, to help each other find sites of mutual interest. As long as you know about it, it's a service that you are asking for, so there's nothing wrong with it.

Re:Hmm...

[Yea-but...]

deemaunik, your comment is RIGHT ON THE MARK!

>> Hello Slashdot

Title 18 USC 1030(e)(2) the term "protected computer" means a computer--
(A) exclusively for the use of a financial institution or the United States Government, or, in the case of a computer not exclusively for such use, used by or for a financial institution or the United States Government and the conduct constituting the offense affects that use by or for the financial institution or the Government; or

(B) which is used in interstate or foreign commerce or communication, including a computer located outside the United States that is used in a manner that affects interstate or foreign commerce or communication of the United States;

In it's current form, this bill protects ONLY "financial institution or the United States Government" due to the use of the term "protected computer."

Technically speaking

[deblau]

The House of Representatives doesn't enact laws. This has to pass committees in the House and Senate, full votes in the House and Senate, and then the President has to sign it before it's an enacted law. Before all that happens, it's just a bill. (More information here.)

Basically, after the bill is signed into law, it becomes a public law and is printed as a "slip law" which can be cited in court. After every 2-year session of Congress, the slip laws are compiled in chronological order in the Statutes at Large. Every three sessions (six years), the at-large statutes are organized topically in the United States Code. The last US Code came out in 2000, so the next one is scheduled for 2006.

We just started the 109th session in January (2005 - 1789 = 216 years = 108 sessions prior to this one). That means that if you want to get print copies of laws passed in the 107th and 108th sessions (since 2000), you have to go to the Statutes at Large in your local law library. If you want laws passed by this Congress, you have to go to the slip laws. So far this session, there's only been one: Pub. L. 109-1, "To accelerate the income tax benefits for charitable cash contributions for the relief of victims of the Indian Ocean tsunami."

Re:hmmmm

[rainman_bc]

In contract law it is valid

Since when? If the consideration of a contract is illegal, the contract is this void.

Prostitution is illegal, and using it as consideration in a contract makes the contract void.

There is no "In contract law it is valid" crap. Legality of the consideration is an important part of contract law.

IANAL, but I play one on /.