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House To Enact Anti-Spyware Law

Posted by Zonk on from the but-bonzer-buddy-wants-to-be-your-friend! dept.

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.

9 of 252 comments (clear)

  1. hmmmm by commo1 · · Score: 5, Insightful

    What about all those who signed the Gator/Gain network EULA which prohibits the removal of said spyware/adware from PCs?

    1. Re:hmmmm by cplusplus · · Score: 5, Informative

      Law takes precedent over a EULA.

      --
      "False hope is why we'll never run out of natural resources!" - Lewis Black
    2. Re:hmmmm by hey! · · Score: 5, Insightful

      That's an interesting question.

      Technically (and I stress "technically"), what they are doing here amoutns to taking a right away from the consumer: the right to enter into a contract with a vendor to receive software in return for providing information about their browser habits. The problem is that the vendors are dishonest, and take advantage of the fact that most people can't make it through the legalese in their licenses or don't really understand the implications of what they are doing.

      In any case, IANAL, but isn't this the sort of thing that usually ends up in the UCC for constitutional reasons?

      --
      Post may contain irony: discontinue use if experiencing mood swings, nausea or elevated blood pressure.
  2. Who named this? by Anonymous Coward · · Score: 5, Funny

    Securely Protect Yourself Against Cyber Trespass Act (SPY ACT)

    So wouldn't this be the SPY ACT Act?

    Are these the same people who scream about having their PIN Numbers stolen at the ATM Machines?

  3. And, thanks to this... by Zangief · · Score: 5, Interesting

    Spyware will be "legal", just like the CAN-SPAM act...

    Thank you for your stupid technology laws, American Congress!

  4. Cut It Out by Doesn't_Comment_Code · · Score: 5, Funny

    I would like to see a bill that prohibits congress from awkwardly wording bill names to create acronyms.

    --

    Slashdot Syndrome: the sudden, extreme urge to correct someone in order to validate one's self.
    1. Re:Cut It Out by OECD · · Score: 5, Funny

      I would like to see a bill that prohibits congress from awkwardly wording bill names to create acronyms.

      I agree. We can call it the No Acronyms May Exist act.

      Wait...

      --
      One man's -1 Flamebait is another man's +5 Funny.
  5. Law may have positive effect by CA_Jim · · Score: 5, Insightful

    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.

  6. Not a legal problem. by chill · · Score: 5, Insightful

    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.