 garywk join:2001-03-06 Clarkston, WA | reply to ZOverLord
Re: Microsoft Piracy Check Comes Calling As an update to my post above about the law in Oklahoma giving companies such as Microsoft, Symantec, Trend Micro, etc... the right to plant back doors into their software giving them unfettered access to user's hard drives and personal information here is a link from the same newspaper updating the status of that bill. The following quote comes from the beginning of that article:
quote: A controversial bill that claimed to combat computer virus spyware died in committee at the end of the legislative session, lawmakers report.
The bill lost support of large software companies credited with developing it after it was rewritten to prevent them from viewing the personal information of computer users, the bills Senate author said.
Decried by critics as giving software giant Microsoft Corp. and other companies the right to monitor any customers personal computer use, the would-be Computer Spyware Protection Act was gutted by a legislative conference committee until it was an empty shell, its language replaced by a law to regulate transportation contracts.
Senators on both sides of the debate concerning the proposed anti-spyware bill credited a public outcry over the original language in the bill that would have allowed companies to search online computer users installed software and hard drive information for fraudulent or other illegal activities.
Yes, it was obvious that enough questions had been raised by (Oklahoma) Gazette and my constituents, that if the spyware bill was such a good idea, itll be an even better idea later, said Sen. Cal Hobson, D-Lexington, a member of the committee. People are suspicious of government and companies and people who want to do us harm and have access to our most private, personal information.
There are two things I'd like to point out here.
1. When the major software companies were denied unfettered access to user's hard drives and personal information they stopped supporting the bill they helped write.
2. The bill, as originally written has already been passed in 12 states. It's approximately a 1 in 4 chance that it's been passed in your state already if you live in the US. This is scary people. You may have already signed away your right to personal privacy and given MS and a lot of other proprietary software and hardware companies the right to backdoor your computer and didn't even know it when you said, yes, to that EULA you agreed to. -- "If you want total security, go to prison. There you're fed, clothed, given medical care and so on. The only thing lacking... is freedom."
Dwight David Eisenhower |
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 FiOS DanPremium join:2001-07-06 Redondo Beach, CA 1 edit | said by garywk : The bill, as originally written has already been passed in 12 states.
"...other states where it passed, which include Texas and California." Thanks to my stellar representatives in Sacramento.  |
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 Mele20Premium join:2001-06-05 Hilo, HI kudos:4 | Thank God none of the three bills concerning this introduced in Hawaii this year passed. |
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 fatnesssubtleJanitor join:2000-11-17 fishing kudos:13 | reply to garywk In what 12 states has it passed? |
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 Mele20Premium join:2001-06-05 Hilo, HI kudos:4 | »www.benedelman.org/spyware/legislation/ |
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 | reply to ZOverLord This is insane. |
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 fatnesssubtleJanitor join:2000-11-17 fishing kudos:13 Host: Bright House Netwo.. Earthlink DSL TekSavvy Forum Feature Requ.. Need Site Help
| reply to Mele20 said by fatness:In what 12 states has it passed? Thank you. Upon initial reading of that list and the laws in each state, I don't see any laws resembling the rejected Oklahoma law providing the right to view personal information to software companies, do you?
In fact, reading that list of state laws gives a layman like myself the impression the Genuine Advantage Notification may be in violation of quite a few of them with prohibitions against installing "software by intentionally misrepresenting that installing software is necessary for security or privacy, or to open or play content", and against "transmitting and using, through intentionally deceptive means, computer software that....... collects personally identifiable information, prevents a user's efforts to block installation, falsely claims that software will be disabled by the user's actions" -- I feel stupid and contagious. |
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 Mele20Premium join:2001-06-05 Hilo, HI kudos:4 | There is a link to more current information which mentions Oklahoma's bill:
»www.ncsl.org/programs/lis/spyware06.htm
I'm confused also. Supposedly the original bill which is what was passed in California in 2004 and by these other states grants that ability to software companies to access user's personal information and hard drives. From what I read in this thread, that bill was abandoned by the software makers in Oklahoma when their legislature decided to cripple it and a very similar bill in Congress was recently abandoned but the 12 states that passed the original bill have granted this authority to the software makers. That is what I understand from reading this thread but then I read Edelman's review of that original bill and I don't see anything about this issue. So, I am as confused as you and can't help.  -- "If you want to do DRM on a PC then you need to treat the user as the enemy." Ross Anderson in "`Trusted Computing' Frequently Asked Questions" |
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 FiOS DanPremium join:2001-07-06 Redondo Beach, CA | reply to fatness "Nothing in this section shall apply to 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 for network or computer security purposes, diagnostics, technical support, repair, authorized updates of software or system firmware, authorized remote system management, or detection or prevention of the unauthorized use of or fraudulent or other illegal activities in connection with a network, service, or computer software, including scanning for and removing software proscribed under this chapter." -- Courage is being scared to death but saddling up anyway.
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 fatnesssubtleJanitor join:2000-11-17 fishing kudos:13 | Which state laws include that language? |
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 garywk join:2001-03-06 Clarkston, WA | said by fatness:Which state laws include that language? The Oklahoma bill included that language. Go back to page 18 of this thread and read the post where I quoted sections 4, 5, and 6 of the Oklahoma law. Sections 4 and 5 make any type of malware and spyware illegal, and section 6 exempts ISP's, proprietary software manufacturers, hardware manufacturers, and several other classifications of businesses in the computer industry from complying with sections 4 and 5.
In fact if you will closely read the latter sections of the OK bill it makes it illegal for a computer owner/user to disable, delete, or in any way attempt to disrupt any of the backdoors, trojans, or whatever else a corporation would want to put on a user's computer. It also exempts the corporations from any and all liability for anything they might do to a user's computer....
All that OK law did the way the computer industry wrote it was to legalize spying upon user's by the corporations. It certainly would not have elimimated spyware. It would have just changed who was doing the spying.
As to the other 12 states that are mentioned in the OK Gazette article, I'm sorry I can't tell you. I don't know which ones they are. I wish the reporter would have named them.
I'd say he would probably answer emails asking which states they are. I've been thinking about writing him and asking. -- "If you want total security, go to prison. There you're fed, clothed, given medical care and so on. The only thing lacking... is freedom."
Dwight David Eisenhower |
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 | reply to ZOverLord Excuse the curiocity.Isn't there an independent authority for the protection of privacy or something,which among other things has the power to state that a law is violating privacy/is potentially dangerous? |
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 fatnesssubtleJanitor join:2000-11-17 fishing kudos:13 Host: Bright House Netwo.. Earthlink DSL TekSavvy Forum Feature Requ.. Need Site Help
| reply to garywk said by garywk:As to the other 12 states that are mentioned in the OK Gazette article, I'm sorry I can't tell you. I don't know which ones they are. I wish the reporter would have named them. I'd say he would probably answer emails asking which states they are. I've been thinking about writing him and asking. I understand it was in the defeated OK bill, thanks. I'm just wondering about the "12 other states" part of it. If you email the author (good idea) and find out what states those are, would you post them? Thanks. -- I feel stupid and contagious. |
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