Is It Possible To Outlaw Spyware?
from the might-be-difficult dept
Now that Congress is rushing around trying to outlaw spam, some are wondering if they should turn their attention to the next big annoyance online: spyware. The problem is that it's very very difficult to write a law outlawing spyware that doesn't also outlaw any number of completely legitimate applications. Right now, many spyware products are perfectly "legal", because they hide the details of what they're doing in the very very very fine print within huge, unreadable license agreements that most people agree to without even getting through the first sentence.Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.
Techdirt is one of the few remaining truly independent media outlets. We do not have a giant corporation behind us, and we rely heavily on our community to support us, in an age when advertisers are increasingly uninterested in sponsoring small, independent sites — especially a site like ours that is unwilling to pull punches in its reporting and analysis.
While other websites have resorted to paywalls, registration requirements, and increasingly annoying/intrusive advertising, we have always kept Techdirt open and available to anyone. But in order to continue doing so, we need your support. We offer a variety of ways for our readers to support us, from direct donations to special subscriptions and cool merchandise — and every little bit helps. Thank you.
–The Techdirt Team
Reader Comments
Subscribe: RSS
View by: Time | Thread
Some Help ...
Ad Aware , available @ www.download.com has been downloaded over 22 million times. It is free for personal use. I use it on both office as well as home workstations and have had excellent results in the removal of Xupiter, Gator, Alexis & a host of other intrusive software.
[ link to this | view in chronology ]
No Subject Given
[ link to this | view in chronology ]
Re: No Subject Given
How about a source for spybot ?
[ link to this | view in chronology ]
Re: No Subject Given
[ link to this | view in chronology ]
Spybot links
http://spybot.eon.net.au/
Those ridiculous EULA's which purposely try to hide the disclosure of the spyware ought to be part of what's outlawed. The disclosure should be clear and up front.
[ link to this | view in chronology ]
It's the license
The problem with the legality of spyware is that the warning flags are buried in a huge, obfuscated license agreement that nobody ever reads anyway. (This isn't just a problem with spyware, either.) So my idea is this: legally require that all new shrinkwrap or click-through licenses begin with a simple plain-English point-form abstract of 200 words or less which outlines all of the terms of the license. If they omit or obfuscate something from the abstract, that part of the license can be ruled invalid.
That way, all the dirty licensing tricks will come to light. Spyware makers will either need to say right out front that their programs do stuff behind the user's back or open themselves up to prosecution under existing laws.
[ link to this | view in chronology ]
Re: It's the license
I agree with your analysis of the problem but not with your solution. The solution is that if the license agreement is too long or complicated to understand, people should refuse to load the software.
[ link to this | view in chronology ]
spybot DoD
[ link to this | view in chronology ]