FTC Wants Time In The Clink For Spyware Distributors
from the and-throw-away-the-key dept
Despite its best intentions, the FTC has been notably impotent in its efforts at stamping out spyware. Even after they've paid fines, many spyware distributors continue to operate and thumb their nose at the the government. Since it doesn't look like fines are working, the FTC is now endorsing the idea of jail time for spyware distributors, as it hopes that the key to solving the problem is in stiffer punishments. Anyone who has had their computer overrun by spyware or had their identity stolen could be forgiven if they wanted the people behind spyware thrown in jail, but it's not clear that it's the best solution. For one thing, there's no good definition of spyware, nor is it clear what aspect of it is illegal. Most people, to use an old line, know what spyware is when they see it, but such subjective definitions don't cut it when you're talking about imprisonment. Furthermore, the FTC doesn't have a good way of tracking down spyware distributors, particularly when it comes to its most pernicious forms (aimed primarily at stealing confidential information), much of which originates outside of US borders. As is the case with spam, it's unlikely that government actions will accomplish too much in this battle. The FTC probably realizes this, and in the absence of anything effective that it can do, it at least wants to sound tough.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
Packing Heat
Is it possible to infect cars with spyware by plugging into the lighter? If this had happened in California or New York, I wouldn't have let him do it -- but it's Alabama, strangers can and do make off-the-wall requests.
[ link to this | view in chronology ]
No
[ link to this | view in chronology ]
Shoot Them
[ link to this | view in chronology ]
Re: Shoot Them
[ link to this | view in chronology ]
Errr Rahrens - Dorpus is a regular poster here who likes getting the 1st post in on a topic and in that 1st post says something moronic.
Some call it trolling, I'm guessing just standard-run-of-the-mill mental defect.
[ link to this | view in chronology ]
To a degree we don't have to "define" what is or is not spyware or other type of offensive program. All we need to do is define certain rights for the computer owner. If those rights are violated the assets of the offender are seized.
[ link to this | view in chronology ]
Re:
[ link to this | view in chronology ]
[ link to this | view in chronology ]
Trojan droppers and such that result in spyware through exploits from malicious web programming without using a EULA is a different story.
So it is a tough one. Just stop looking at porn and go buy a girls gone wild dvd.
[ link to this | view in chronology ]
Re:
Most are so obfuscated with overly complex legal-speak and jargon as to make them unreadable to anyone without a law degree, anyhow.
[ link to this | view in chronology ]
i wish they would just leave the net unregulated and allow us to protect ourselves, but remember when massachusetts wanted to outlaw firewalls because they might mask an indentity? they will botch this one too
[ link to this | view in chronology ]
It'll Never Happen...
All of them spy on you, they don't ask permission and it's damned difficult and sometimes near impossible to get them out of your computer. In the case of Windows, it is impossible to stop them.
Bill Gates won't be going to jail...
[ link to this | view in chronology ]
How is spyware any different than spam? Ethically, they are both in the same category.
Let's make it real easy. Make the law read "....software that is installed without the users knowledge or direct authentication shall be ILLEGAL"
Granted this will make writing EULAs a little more difficult, but only to that special group of jerks that want to sneak "Bonsi Buddy" onto your machine.
You'd figure it's been long enough that people will realize that spam mail, pop up ads, and banner ads are possibly the WORST form of advertisement there are.
You get out what you put in. Spam mail advertising couldn't be more simple. So guess how effective it is? That's right, it actually hurts your product sales, not increases them.
[ link to this | view in chronology ]
my name is
[ link to this | view in chronology ]
I think the definition is simple
This would stop anything that transmits passwords, web browsing information, credit card info, name, address, phone number... but legitimate software with a real need to transmit this stuff could still do so by way of a pop-up box informing the user of what is to be transmitted, and requesting permission. The important thing would be to make it illegal to bury this "information and approval" in a EULA that 99% of people do not completely read.
In fact, let's just make EULAs illegal, while we're at it. :-)
[ link to this | view in chronology ]
Suggestion
[ link to this | view in chronology ]
Stupid
[ link to this | view in chronology ]