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richtig
Music Is Emotion
Premium
join:2003-02-19
Australia

reply to eburger68

Re: What I Told the FTC about Spyware...

This is extremely well done, Eric. Thank you for the enormous amount of time you must have spent on this.

I note something for comment. You say, at one point,
"Junkware" is often distinguished from other (more traditional) forms of malicious software such
as viruses, trojans, and worms by the fact that, in most cases, the user clicks through a EULA
(end user license agreement) at some point -- by contrast, no virus will ever ask you to agree to a
EULA.
My question is, why not? Another level of deception could easily be added here, with viruses and worms being included with the junkware. Indeed this might not be ostensibly intentional - the junkware may be infected, and the purveyor might try to claim that they were unaware of the infection.

Perhaps this is hypothetical, but I suspect this is happening already. My apologies, if you covered this elsewhere in you document and I missed it or, indeed, I am just right off beam here.
--
The world's most expensive watch can't tell the time at the North Pole!

eburger68
Premium,MVM
join:2001-04-28

richtig:

You've put your finger on the unpleasant truth of so much of what passes for "spyware" recently: its difference from traditional malware is increasingly nil -- at least from a functional perspective. In fact, there is some spyware is that is arguably more destructive to the user's ability to USE the computer than some forms of malware.

Another issue you raise is the question of security: once you hide your application behind 18 pages (8400 words) of legalese, you can sneak in almost anything and then argue that the user agreed to the installation -- which is obvious horse hockey, since there is not a user out there who would have the faintest hope of getting through all that legalese. So, yes, it is entirely possible.

And then, of course, there's the nightmare scenario: what if these virus-coders actually started putting a EULA in front of users before infecting their systems? That might not actually be a bad idea for them to pursue (at least for their purposes; for the rest of the internet community it would be a disaster).

Since some of these viruses are now hijacking people's computers to set up massive spam networks, there is a commercial function or intent behind some of these viruses, just like the commercial function that we see with "advertising software" (i.e., spyware). Could virus makers get respite from AV applications and vendors by putting a EULA in front of users? If the spyware pushers' line of argument is accepted, they very well could.

Best,

Eric L. Howes



Karl Bode
News Guy
join:2000-03-02
kudos:30
Host:
Road Runner
PC gaming GAMES
PC gaming Tech

Oh, you're just part of an "anti-advertising" cabal to prevent those poor marketers from spreading joy and love to the American people!

Seriously, I think your activisim is fantastic. The world needs about 40 million more of you to give a shit and we'd be on the right track.


GodKhaine

join:2004-03-30

reply to richtig
Just submitted my copy to the FTC, received an e-mail saying it was going to be posted on the public part of it during the hearing.


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