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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.
What about all those who signed the Gator/Gain network EULA which prohibits the removal of said spyware/adware from PCs?
Sure, some of the "legitimate" US companies pushing this stuff will obey the new law, but it's not going to do a thing to stop people in other jurisdictions or criminals who just don't care what the law says.
Kind of like "Gun Control" I might add.
Ha, ha! Nobody ever says Italy.
Two positive thoughs on this.
One - if written and applied correctly in the US, at least it is a legal tool against some of the spyware, making it more costly for them.
Two - if it's somewhat successful, it may make Congress look back at CAN-SPAM and fix it.
Okay I'm optimistic here.
Spyware is a technical problem. Congress and the public should have learned from the CAN SPAM act, more accurately called "You Can Spam" Act. Spam is at an all-time high.
People don't read click-thru licenses now, what makes anyone think they're going to read them in the future?
The antivirus companies, who already have the technology and infrastructure, need to extend their scanning of executables to include ANY software that collects data and phones home. Make a big list and update it with the AV updates. When anything is installed that hit the list, pop up a big "POTENTIAL SPYWARE - ARE YOU SURE?" box.
Yet another "vote for me, I feel your pain" law isn't going to do anyone any good.
-Charles
Learning HOW to think is more important than learning WHAT to think.
I can't wait for the Congress to protect us from spyware as effectively as they've protected us from spam.
--
make install -not war
I can only hope that this piece of legislation is considerably less effective than the CANSPAM Act. Compliments of the CANSPAM Act, spam is worse. We don't need another cure like that. If the U.S. Congress is our only hope of rescue from spyware, just shoot us now rather than prolong the misery. After all, this crew is the same one that brought us the DMCA and we all know what a resounding success that has been!
Or not. Your mileage may vary.
You must be the change you wish to see in the world - Ghandi
This won't be hard to get around. Every user is by now thoroughly desensitised to seeing click-through EULAs for any software they install. So, after this law, paragraph 135.62.4.3.1 on the EULA for your latest Swimsuit Babes Screensaver package is "Oh yeah, and we're sticking Gator on your PC as well, ok?"
User, as ever, scrolls to bottom of 100 page document in 3 seconds flat, clicks agree, and off we go as before.
If 'technology' patents in the EU end up as silly as those in the US, we could probably stop spyware/adware by patenting
"A program that installs itself without the user's knowledge, possibly by coming bundled in another package, monitors the user's internet activity and then displays (un)targetted advertising"
Could probably stop spam too similarly.
Patent adverts and compulsary user-registration and we wouldn't need the adblock and bugmenot extensions.
Actually, there is no problem with this, and it is not genuine spyware tactics. Sorry if I start a flamewar here, but if you insist on using Windows, then you should be paying for it and they have every right to inspect your machine to see if you are. This is the aggreement you sign up to.
Also, I don't see how this affects programs loke Gator as g. parent suggests. They are playing by the same rules. If their software doesn't comply, they should be able to make changes without significantly altering it.
Anyway, it's not my problem I don'r use Windows. Good luck!!.
Anyway, spyware will probably find a way to evolve with this..
This, like Can Spam and others, will have no effect until it starts putting people in prison for some Mitnick-style hard time. It will be especially effective if it puts people who wear suits to work into prison. Until that happens, it is to laugh.
Some mornings it's hardly worth chewing through the restraints to get out of bed.
So wouldn't this be the SPY ACT Act?
Yes, it should. But it took a pool of congressional interns 1000 man-hours to come up with that name. If you want better names, income taxes will have to be raised by 0.1% to account for more time.
Likewise, if we didn't come up with a cutesy acronym or nickname for every bill through congress, taxes might be lowered by the same amount.
Slashdot Syndrome: the sudden, extreme urge to correct someone in order to validate one's self.
I'd take a long hard look at exactly what goes into this bill.
...how can you call yourself an American? /sarcasm
It seems like lawmakers like trendy acronyms (PATRIOT Act, CAN-SPAM, etc.) that disguise undesirable things behind a hard-to-challenge facade.
Didn't vote for the PATRIOT Act?
Still, I'd be much happier with names like "HR-98-101" or something similar.
The trouble seems to be:
1. That MS (or whoever) gets to search my private property without evidence -- or even probable cause -- even though there's no illegal software on my computer.
2. That if MS can do it, so can any fly-by-night company that is set up purely for the purpose of spying on me through my computer, once I install their software.
Exam 4/C again. Maybe I'll do better this time.
They can protect their property. The objection is that I have an equal right to protect MY property from MS intrusion. However, I don't have the means to bribe Congress to give MY rights precedence over MS's. I wonder if Koreaman would applaud a law allowing Ford Corp to randomly break into garages because there have been thefts of Tauruses?
1.) Gator which is now Claria bought a mailbox in bulgaria so they are technically not a us company anymore even though they reside here. If they are not under US jursidiction the law then could not be applied to them if the software is distributed from an oversea's server.
2.) Gator will claim they are not really tracking your urls or keystrokes but are just checking to make sure you are not pirating their software. The clause in italics mentioned in this article can be used by the spammers and spywhere makers to pretend they are offering you a service and checking your membership.
Many spyware companies also use products like bandwith increaser which also include spyware. Since its a service the company who makes it is immune.
http://saveie6.com/