COPA is up before the Supreme Court for the second time. CAN SPAM became law on January first. The US is working hard to tame the Wild West that is the Internet. Now there’s a new law with a possible future. This time the enemy isn’t porn or smut or freedom of speech. This time the enemy is something that even adult webmasters hate. This new law - introduced in the Senate on February 27, 2004 - is directed at spyware.
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"As an adult webmaster I'm thrilled to finally see a piece of Internet related legislation that doesn't contain the words, obscene, sexually oriented or indecent." |
The 'Software Principles Yielding Better Levels of Consumer Knowledge Act' (SPYBLOCK Act) is a bill: "To regulate the unauthorized installation of computer software, to require clear disclosure to computer users of certain computer software features that may pose a threat to user privacy, and for other purposes."
Spyware is a catchall term for various scripts and auto-executable programs that are added to your computer when installing shareware or when visiting afflicted websites. Spyware can take on several forms of behavior. Some of it is designed to pop up advertising or nag screens when you use freeware programs. This ad-based spyware is called adware. Other types of spyware will in essence- hijack your browser, making it do things like change your homepage or auto-install toolbar software. This stuff is called scumware.
Furthermore, spyware is usually programmed to track your surfing habits. Spyware spies on you.
The thing about spyware is that there’s so damned much of it lurking out there, just waiting to download to your computer. What’s even worse is that it frequently auto-installs without warning or permission given. All sorts of websites and freeware programs come embedded or bundled with spyware doodads that screw with user’s computers. These sites/softwares do so with little or no notification. Part of the reason all these webmasters and freeware distributors get away with it is because there’s no law against spyware.
While there is a definite privacy issue with spyware the truth is the tracking elements of most of these programs are fairly innocuous, gathering a little more information than the average cookie. Still, there are some spyware programs that perform rather insidious tasks such as installing keyloggers or reconfiguring SYSTEM files. The fact remains that spyware enters our computers uninvited and unannounced.
This proposed legislation (the SPYBLOCK Act) is designed to make it a crime to install software on or alter the existing software of a user’s computer without their consent. SPYBLOCK also stipulates that the user must receive detailed information describing the actions of the software as well as be provided with an uninstall utility for said software. In other words, your favorite cat lover’s site can’t install that fancy animated cursor without telling you first. If you accept the install, you have to be informed if that software collects personal information from you. You also have to be able to remove the spyware, safely and easily.
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As an adult webmaster I’m thrilled to finally see a piece of Internet related legislation that doesn’t contain the words, obscene, sexually oriented or indecent.
I have to say I really hate spyware because it’s so prevalent and because it can overtake a machine to the point of worthlessness. While the SPYBLOCK Act is a good intention, I’m not sure it will help matters much. There are several free spyware killer programs that monitor and delete/disable the stuff. Probably the best way to end the practice of spyware, adware and scumware is with public education. If more people know about it, the more they will delete it, therefore defeating the purpose of spyware.
Then again, maybe the SPYBLOCK Act is a good law after all. I’m not comfortable in a world where it’s okay for someone to just install shit on my machine without telling me. I have enough of that to worry about because of the Patriot Act and the RIAA.
I do wonder if this law can be applied to the dreaded dialer software, especially the auto-downloading kind. I wonder if the SPYBLOCK Act could be used against hackers with their worms and viruses. The language in the SPYBLOCK Act is far less broad than the wording of COPA or the CAN SPAM Act. The text is a tad confusing. I’ve read through it a couple of times and my head is still spinning. If you’re interested in you can read the entire piece here:
http://thomas.loc.gov/cgi-bin/query/z?c108:S.2145:
In any case, the SPYBLOCK Act is a sign that our legislators or trying to catch up to technology. I hope they get it right.