Rhobite
Premium
join:2002-02-24
Cambridge, MA
clubs:
| Regulation isn't the answer
As bad as spyware is, regulation isn't the answer. Software is a form of speech and it's protected by the 1st amendment. Perhaps the ACT of installing spyware deceptively should be illegal, but the mere existence of software that may be undesirable should never be banned. Also, why can't truly deceptive spyware be prosecuted under existing fraud laws? I realize this sets the bar pretty high for prosecution, but there really should be actual damages demonstrated before we go about fining and locking up people for writing certain types of software. Fraud laws are sufficient for dealing with truly bad spyware.
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Jimmysquid.com - I take pictures. |
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blah194
join:2002-03-04
Lake Charles, LA
| That is a bunch of horsecrap
If someone is writing a program that is specifically designed to enter my computer without my knowledge and either take over my resources or report information that I do not want reported, then that it tantamount to breaking and entering, and that is NOT free speech. |
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Rhobite
Premium
join:2002-02-24
Cambridge, MA
clubs:
| Just as copyright infringement isn't "stealing," distributing spyware isn't "breaking and entering" either. You have no legal right to privacy, and if you accept a spyware license you should expect them to run software on your PC and report on your PC usage. As I said though, if you can demonstrate actual damages and the spyware is deceptively installed, it should be illegal.
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Jimmysquid.com - I take pictures. |
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cbs228
Geeks Of The World, Unite
join:2000-09-04
Saint Louis, MO
| While it's true that users must specifically agree to a EULA with provisions that allow "ET to phone home," these provisions are very obscure and often buried in paragraphs of ridiculously long legalese.
said by The FTC:
According to the Federal Trade Commission Act and the FTC's Unfairness Policy Statement, an ad or business practice is unfair if:•it causes or is likely to cause substantial consumer injury which a consumer could not reasonably avoid; and•it is not outweighed by the benefit to consumers.
•Spyware causes actual harm. Its installation could possibly result in the theft of sensitive information, such as business trade secrets, depending on what information the program reports. It also decreases system performance and can present advertisements of questionable taste (i.e. marketing adult products to minors) on unrelated websites. Furthermore, since the average consumer is not willing to read a EULA, they are unable to discern what is going on and are thus unable to avoid it. For evidence that people do not know what is going on, see DSLR's Security forum.•Does spyware benefit consumers? While it certainly does provide a source of revenue for apps that would otherwise be distributed for a fee, the potential hazards of spyware probably outweigh this advantage. In addition, spyware can remain long after its "parent" programs have been uninstalled, which means that people continue to pay for something they do not use. Users will end up "paying" much more (consider the value of the information obtained and the ad revenues from what is presented) for spyware apps than if they purchased an equivalent application.
As such, I assert that spyware companies are engaging in deceptive business practices in violation of the FTC's Unfairness Policy. Start drafting those complaints.
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"If you stare too long into the abyss the abyss stares back at you." -Nietzsche
GENERAL FAILURE READING ©: DRIVE
(A)bort, (R)etry, (F)rivolous Lawsuits, (B)ribe Congress? |
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EFudd
Premium
join:2001-09-08
Brownsville, OH
| reply to Rhobite
Re: Regulation isn't the answer
I would have to agree that regulation isn't the answer even though I do agree 100% that spyware is a menace. The virus/trojan checking programs need to start checking for these things as they are unwanted programs running on your pc just like any virus/trojan/worm.
These companies policies of simply ignoring the spy/adware when so many people hate the spy/adware is ridiculous.
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Do you SetiAtHome |
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asdfdfdf
@xtraport.net
| I think that is a good idea.
I still believe, though, that this type of thing cannot ultimately be solved through a technical war, but can only have a political solution.
Until the government gives a clear signal that this is unacceptable behavior I don't think most virus programs will include these things, out of fear of being sued. We have already seen the tactics used against the anti-spyware sites. Suits and intimidation by business has already been used. Government refusal to confront this problem will only embolden the businesses engaging in it.
The fact that business is behind this legitimizing it will make fighting the problem much more intractable than fighting the individual cracker. |
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TheWickerMan
join:2002-04-09
Enola, PA
| reply to Rhobite
said by Rhobite  :
Software is a form of speech and it's protected by the 1st amendment.
I suppose graffiti is protected free speech as well? |
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Rhobite
Premium
join:2002-02-24
Cambridge, MA
clubs:
| said by TheWickerMan :
said by Rhobite :
Software is a form of speech and it's protected by the 1st amendment.
I suppose graffiti is protected free speech as well?
Of course it is, but the act of vandalizing private property is illegal. Please understand the difference.
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Jimmysquid.com - I take pictures. |
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TheWickerMan
join:2002-04-09
Enola, PA
| said by Rhobite :
said by TheWickerMan :
said by Rhobite :
Software is a form of speech and it's protected by the 1st amendment.
I suppose graffiti is protected free speech as well?
Of course it is, but the act of vandalizing private property is illegal. Please understand the difference.
My point exactly. My PC is my private property. They have no right to install this junk without my permission or knowledge. |
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Rhobite
Premium
join:2002-02-24
Cambridge, MA
clubs:
| said by TheWickerMan :
My point exactly. My PC is my private property. They have no right to install this junk without my permission or knowledge.
Who installs it now? They do? They break into your PC and install it? That would be illegal, but merely offering it for download and informing you that it reports on your browsing isn't, and shouldn't be, illegal.
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Jimmysquid.com - I take pictures. |
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