Slashdot Mirror


Spy Act of 2007 = "Vendors Can Spy Act"

strick1226 writes "Ed Foster over at InfoWorld describes the Spy Act bill (H.R. 964) as having the same relation to the prevention of spyware that the CAN SPAM Act had to the prevention of spam. It allows exceptions for companies to utilize spyware for any number of reasons; if this bill had been law when Sony distributed their rootkit, they would have had perfect cover. Most troubling is that the bill would preempt all state laws, including those more focused on the privacy of people's data, and disallow individuals from bringing suit. It is expected to pass soon with 'strong bipartisan support.'"

16 of 309 comments (clear)

  1. Re:Legal, not moral by interiot · · Score: 2, Informative
  2. If companies can install spyware... by LamerX · · Score: 4, Informative

    ...then all spyware will be legal. COMPANIES are the ones who install spyware in the first place. It's there for ADVERTISING. Who does advertising? COMPANIES! This bill will only completely legalize spyware.

  3. OK, What Am I Missing? by rlp · · Score: 1, Informative

    Exception Relating to Security- Nothing in this Act shall apply to--

            (1) any monitoring of, or interaction with, a subscriber's Internet or other network connection or service, or a protected computer, by a telecommunications carrier, cable operator, computer hardware or software provider, or provider of information service or interactive computer service, to the extent that such monitoring or interaction is for network or computer security purposes, diagnostics, technical support, or repair, or for the detection or prevention of fraudulent activities; or

    OK, your ISP can do network trouble shooting. Your HW / SW vendor can provide on-line tech support. Seems reasonable to me.

            (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.

    Microsoft can run their "Genuine Advantage" crap. Not thrilled about it, but not surprised.

    I don't see anything to get terribly alarmed about. What am I missing?

    --
    [Insert pithy quote here]
    1. Re:OK, What Am I Missing? by NeutronCowboy · · Score: 4, Informative

      Are you serious, or just trolling? Here are the key snippets: "or for the detection or prevention of fraudulent activities" and "an affirmative request by the owner or authorized user for an update of, addition to, or technical service for, the software".

      The first part means that anyone who sold you hardware or software can snoop around on your machine if they are doing it to detect fraudulent activities - meaning when the activity hasn't happened yet! Yes, yes, you have nothing to hide. Are you sure? Your SSN is probably around somewhere. As is your bank account, or a lot of others things valuable to identity thieves.

      The second parts means that anyone who ever wrote any type of software can access your machine in whatever way they please - as long as it's a discrete interaction.

      This means that the security features in your OS are there only to prevent you from accessing everything in it. It is expected to remain open so that law enforcement, ISPs, software and hardware owners can check for anything they please.

      In short, your computer is yours and secure only in name. Anybody else can trespass pretty much at will. If your computer is broken into and the other party says "I was just checking if anything fraudulent was going on", they're in the clear. Especially if they are a large corporation.

      --
      Those who can, do. Those who can't, sue.
  4. Re:Look! Rights go down the hole... by JesseMcDonald · · Score: 4, Informative

    Democracy, privacy, and human rights are antithetical to the "free market".

    You're right on the first point, but you've got the last one backwards: without a free market (i.e. freedom to act as you wish so far as it involves your own property, and freedom to engage in voluntary exchange with others without coercive interference) you cannot exercise those "human rights." You have human rights to the exact extent that you have property rights; they are fundamentally inseparable.

    As far as democracy is concerned, you don't live in a democracy (assuming you live in the U.S. or Europe). The U.S. is a constitutional republic, and the important aspect of such a government is the constitutional limits, not the elections.

    --
    "The state is that great fiction by which everyone tries to live at the expense of everyone else." - Bastiat
  5. Re:Look! Rights go down the hole... by RedElf · · Score: 2, Informative

    You seem a little paranoid, have you switched your desktop to OpenBSD yet?

    --
    You know, I have one simple request. And that is to have sharks with frickin' laser beams attached to their heads!
  6. Re:Third party by ZoOnI · · Score: 3, Informative

    This came from the newly-Democratic House of Representatives...
    No it didn't. It came from Congressional Republican Towns, Edolphus and 36 of his closest Republican friends. http://thomas.loc.gov/cgi-bin/bdquery/z?d110:H.R.9 64:
    --
    "Never say Never."
  7. Re:Look! Rights go down the hole... by miskatonic+alumnus · · Score: 3, Informative

    Free Markets and Free Enterprise don't mean the freedom of Enterprise to do whatever the heck they feel like. It means a freedom for people to engage in enterprise (you know, selling things to each other) as long as they're both willing and able to do so. Nothing in this is contradictory with democracy or against human rights.

    Tell that to the people of Bolivia after their water supply was privatized.

  8. mod parent up! by plasmacutter · · Score: 1, Informative

    mod this guy up.. he gets it.

    --
    VLC FOR MAC IS DYING! IF YOU DEVELOP, PLEASE SAVE IT!!
  9. List of sponsors by Comatose51 · · Score: 2, Informative

    List of sponsors: http://thomas.loc.gov/cgi-bin/bdquery/z?d110:HR009 64:@@@P I wonder how much donations from companies these guys get.

    --
    EvilCON - Made Famous by /.
  10. Re:Legal, not moral by compro01 · · Score: 2, Informative

    correct me if i'm wrong, but doesn't the constitution only apply to interactions between the people and their government?

    if so, it would have no effect on any law regarding bussiness, as a bussiness would be bound by no such restrictions.

    --
    upon the advice of my lawyer, i have no sig at this time
  11. Re:Legal, not moral by TechnicalFool · · Score: 5, Informative

    As far as I'm aware, organisations always have had the legal cover (if just barely) to distribute spyware, as long as they say it's being installed in the EULA. If not, CoolWebSearch et all would have been sued out of business a long while ago. According to the article, and if I read it correctly, this seems to be more about giving large companies the legal arse-covering required to hack into your computer "just to check" if you've got, say, a dodgy copy of Autodesk Inventor.

    What I'd be interested in is how this and other such spyware could be subverted, possibly with some false (and FOSS, naturally) piece of software that sends ridiculous junk to the remote servers. Sort of an anti-spyware, if you will. The best analogy I can think of off-hand would be programs like the fake SubSeven servers, that as I recall made your computer pretend to be infected with the SubSeven trojan. If you got someone connecting, you could give them a false directory tree, or press a button to blast their computer with a gazillion windows in their SubSeven client.

    I think maybe a little hacktivism is called for, although naturally I would not advocate breaking any laws in the process! Oh no, sir!

    --
    09F9 1102 9D74 E35B D841 56C5 6356 88C0
  12. Re:Legal, not moral by g1zmo · · Score: 2, Informative

    Don't they make money from the vendor on each transaction? Isn't that why the family-owned gas station attendants always want me to use debit rather than credit?

    --
    I have found there are just two ways to go.
    It all comes down to livin' fast or dyin' slow.
    -REK, Jr.
  13. Re:Third party by Anonymous Coward · · Score: 1, Informative

    Absolutely not informative. Outright lies. Please see this comment and you'll find that Ed Towns is a Democrat and 23 of the 36 co-sponsors were Democrats. See this Congressional biography if you're too lazy to look it up yourself.

  14. Ah. Freedom at last. by mnemotronic · · Score: 2, Informative
    As a computer hardware and software provider who performs computer and network security diagnostics and technical support, I will soon be free to monitor and interact with *anyones* network connection, service, or computer. Legally.

    Stand back baby, I'm a Nessus monkey with a long list of a**holes, a can 'o nmap, a fully loaded Metasploit, and I ain't afraid to use 'em.

    --
    The Russians have won. They have made the world a cesspool of distrust, greed, fear and hate.
  15. Re:Legal, not moral by PopeRatzo · · Score: 2, Informative

    Those "transaction fees" are nothing more than chump change compared to the >20 percent they charge on interest and the $40 late fees, etc.

    --
    You are welcome on my lawn.