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Washington State Outlaws Spyware
An anonymous reader submits "Today, the Governor of Washington signs a a bill outlawing spyware (bill history) which imposes penalties of $100,000 per violation. Spyware is broadly defined. It includes everything from changing a browser's bookmarks or homepage settings, "Opening multiple, sequential, stand-alone advertisements in the owner or operator's internet browser", keystroke-logging, taking over control of the computer, modify its security settings, and even "Falsely representing that computer software has been disabled." But here is my favorite: "Prevent, through intentionally deceptive means, an owner or operator's reasonable efforts to block the installation or execution of, or to disable, computer software by causing the software that the owner or operator has properly removed or disabled automatically to reinstall or reactivate on the computer." Microsoft and Ebay both testified in support of the bill. On May 10th, a similar law banning Internet and email phishing was also passed."
I love the idea that we are making something so irritating illegal in the strick legal sense of the word. Make no mistake, I hate Spyware.
At least I think I hate Spyware. I am not really sure, given the broad definition. Some Spyware is good, based solely on MY definition of 'good' and the mood I am in. So what if I have to give up something 'good' because the purveyors of that 'good' thing felt it might fit into the broad definition of Spyware and thusly discontinued it. I lose.
On the other hand, the creepy porn junk and the crud that wants my bank account so they can sell me into slavery in Korea definitely (again, in MY definition of...) fit the model of BAD Spyware and need to have its purveyors captured, subjected to Janet Jackson Videos and sent to prison for a long time. And thus begs the question:
How does this law get that done? Certainly these guys aren't going to stop their nonsense, they are making money doing it, so we will HAVE to enforce this law to get them to stop, and if they don't stop because there is no good way to enforce this law, then the BAD stuff continues and the GOOD stuff is thwarted.
I am just not sure about this one.
I suppose it gives teeth to companies like Microsoft and EBay to go after these guys and have them bundled away. That is good. But Who decides which ones Microsoft and EBay go after? And do I really want to create a system whereby Microsoft and EBay are the US Marshals and are enforcing laws the way they see fit, and going after those criminals that they decide to go after?
I'm just not sure about this one.
A most overlooked advantage to owning a computer is if they foul up there's no law against wacking them around a bit.
We were also one of the first to make spam illegal. I don't really think it has helped all that much...
Shouldn't phishing just fall under fraud?
As much as you'd share the blame if you were being robbed after leaving an open window.
In some places, you'll be blamed harsher than the robber himself, in others the window matter won't, actually, matter.
Oh, and your income matters, too
"The way we can tell it's C# instead of Haskell is because it's nine lines instead of two." -- wadler
.. is to make companies accountable for the actions of their 'affiliates'. Many a spyware company uses this defence, and end up gaining customers from dodgy affiliates who they don't need to pay as the affiliate has broken the terms and conditions. Genius. Their business model is just like bill posting on roads and streets.
Some of the better places to go to get spyware are places in russia or developing countries, etc.
The advantage and disadvantage of the internet is that you can go access web sites from anywhere.
By making it tough for any group/organization to spread their malware from washington state, means they'll go elsewhere to host their stuff.
Suppose all the spyware people jump ship and go elsewhere, somebody WILL find a site that has it and will get the spyware.
It's like passing a law that makes it illegal to skid out of control and hitting a particular tree in the hopes of eliminating accidents.
How would they feel if I came into their front room and took over the remote control?
The same way a Mafia racketeer would feel if you threatened to burn their house down if they didn't pay for your "fire insurance".
They aren't children; they know people hate what they do. As long as the annoying thing is happening to you for the profit of them, then they don't care, whether "they" are the Mafia or Gator or whoever.
The enemies of Democracy are
""Opening multiple, sequential, stand-alone advertisements in the owner or operator's internet browser"
:)
:(
hehe no free porn for Washington
We know what at least one state congresscritter is up to...
Sounds all warm and fuzzy but actually doing anything is doubtful...at least til califonia catches up.
I believe you cant make automated telesales calls here but several computers havent read THAT law either
So, will MS finally stop shipping Alexa with IE?
Oh well, what the hell...
But... MS is one of the largest employers in the state. Their employees are highly paid. Those employees spend money, buy expensive houses, etc. Microsoft builds buildings, buys land, and supports the arts and such. And lets not forget all the computers and software that they donate/discout for the state and it's schools.
Washington state will not piss off Microsoft. It is a fact. When those state AGs sued because they didn't like the settlement the DOJ did with Microsoft, was the Washington State AG among them? Why do you think that was?
MS is behind this law because if it works, it removes some (much?) of their responsibility (and also codifies in law that spyware is the programmer's fault, and doesn't specify it to be MS's fault). If the law said that, do you think it would have gotten a vote, let alone pass?
Things like this happen. At least it is a win for the consumer if it works, even if MS still isn't held accountable. All us geeks can do is answer questions from friends truthfully. "What's with/causes/why is there so much spyware?"... "Microsoft." Grass roots will work, we just need it to be organized. But then again we need to do that with lots of things (accepting buggy software, the release-then-patch mantra, overpriced software, etc.)
Comment forecast: Bits of genius surrounded by a sea of mediocrity.
Give her, and the people of Washington State, some credit. WA state was one of the first to enact anti-spam legislation in the late '90s (rendered useless by the Republicans in DC). You may want to just write off everything tech related from WA state as brought to you by Redmond, but I'd credit the greater tech awareness of the area in general. Not every tech-head in Seattle submits to the deathstar (e.g. http://www.omnigroup.com/
The potato it is uninformed.
Won't this ban some of those 'copy-protected' CDs that automaticaly install some kind of driver through auto-run?
If Alice was an interior decorator who, on gaining access to a client's home, did stuff like:
- Changed all the speed-dial numbers on the telephone
- Installed listening/recording devices in all the rooms
- Modified the TV/video so it overlays ads of her choice over the top of programs (in addition to the regular ads screened by the station)
- Duplicated door keys and alarm codes and sold these to others
- etc
then Alice would be doing hard time at Club Fed or Her Majesty's.So why should it be any different with software?
When someone runs your software on their computer, they have admitted you into their sovereign private space, and you have a responsibility to behave in a manner respecting this. Well done, Washington. I note also that the Australian Democrats party has introduced similar legislation, which God-willing will also pass.
-- In the beginning was the WORD, and the WORD was UNSIGNED, and the main(){} was without form and void...