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."

Comments

Realplayer now illegal? hopefully

[Toby The Economist]

RP is a complete pig to remove.

Wonder if it's now illegal?

In fact, I'd like all third-party hidden-startup applications, which generally are unwanted and adopt this method since they know they'd be removed, to be illegal. I get VERY annoyed when other people feel fit to try to force their software into *MY* computer. How would they feel if I came into their front room and took over the remote control?

--
Toby

Agreed-hard to enforce

[Coopjust]

Hard law to enforce. If it was a national law, then it would have some effect. Hopefully it doesn't become "National weak law" takes over "Strong state law" like can spam

Outlook Express

[McGiraf]

Outlook express will re-copy its files next time explorer is started if you delete them.

at $100,000 per violation that is $100,000 * the number of windows instalations out there, I think microsoft is going broke!

Re:I see why you like that line

[tehshen]

That is not a bad point, in general - if I write a program with a security vulnerability, and people use this vulnerability to install spyware on people's computers, do I share the blame with the spyware writers?

Class Action Lawsuit

[benspikey]

Consumers and the state attorney general would be able to seek damages up to $500 per violation, or actual damages if phishers try to get consumers' information. Victimized Internet service providers could get $5,000 or actual damages. Judges could award an ISP three times the amount of fines if they so choose. Alright who wants to sign up with me.. We get 1000 systems download bonzibuddy and weatherbug and make a fortune. or at least have fun trying.. :)

Mod this bill redundant?

[mr_Spook]

Okay, it might just be me, and I might just be an idiot here, but isn't spyware illegal already, since it's modifying the contents of my computer without my knowledge or authorization? To me, it seems that spyware makers should be prosecuted just like anyone else who writes malicious code (viruses, trojans, worms, and so on).

Any technically-literate lawyers have a comment on this?

AOL's AIM

[yrogerg]

Have you ever tried installing AIM from AOL? It install links everywhere regardless of if you tell it 'no' in the setup process. Maybe they'll finally change this.

Too bad it'll never bite the **AA

[SocialEngineer]

Considering their actions (through contraction of Overpeer) to smuggle spyware in through windows media files..

Re:Realplayer now illegal? hopefully

[plover]

Try removing HP printer "drivers" some time, or "desktop helpers" that come with video cards, sound cards, TV tuner cards, MP3 players, Bluetooth dongles, printers, scanners, faxes, cameras or any other peripheral your PC may have seen on a TV commercial.

As far as I'm concerned, start arresting them all. I don't want their sh!tware on my box. I want their stuff to sit there nice and quiet up until the moment I want it to do something, and then I want it to do nothing extra. I don't want a pop-up "toolbox" to fix my printer; I don't want a noisy "Lookie what I printed for you, John, aren't you proud of my wonderous inkjets?!" dialog box. And when it's done I want it to get the hell out of my way. Completely. Don't ask me to update, don't leave a tool tray icon behind, don't leave a task running in task manager.

If all this requires sending a few developers to Federal Pound Me In The Ass Prison, all I can say is "don't drop the soap, guys."

Real Player

[m00nun1t]

Like many others, I consider Real Player to essentially be spyware.

I think (correct me if I'm wrong) that Real are based in Washington State. So what's the impact here, for both current and future versions of Real Player? Would make an interesting test case.

Silently installing DRM enforcing programs?

[emarkp]

Hmm.. Recently I played Splinter Cell: Chaos Theory, which installed StarForce without my knowledge or consent--and which doesn't uninstall ever unless I download the uninstall tool.

Would this violate this law? I think it should. I wish I'd known about the StarForce installation--I wouldn't have bought the game.

Copy Protected CD's

[complete loony]

And the driver that copy protected CD's install without your permission to prevent the tracks from being ripped? I had to clean up one of these last week while I was ripping music for my father in law's new iPOD....

Mod Parent Up

[Rocketship Underpant]

The parent makes a very good point. A lot of sleazy Digital Restrictions Management software uses spyware and malware tactics to control your computer. After all, it can't work without restricting your use of your own system to some degree.

Can Washingtonians now sue record labels that use malware to prevent CD copying? That would be a terrific step towards ending such nonsense.