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Legislating Spyware
Wyden moves from spam to spyware
(old news - 04:24PM Thursday Mar 04 2004)
tags: legislation · privacy
Senator Ron Wyden, fresh off of his support of the so far fairly impotent "Can Spam Act", is now taking aim at spyware and the "scourge" of underage marketing. Wyden is supporting legislation that would put greater restrictions on software vendors to disclose exactly what their applications are doing. Dubbed SPYBLOCK (Software Principles Yielding Better Levels of Consumer Knowledge), the bill would require all software installations to require an "OK" confirmation reports Techweb, as well as detailed disclosure concerning hidden processes.

As noted in our recent interview with the Center for Democracy and Technology's Alan Davidson, such clear forced confirmation is only a first step toward taming spyware. Also noted by Davidson is how difficult spyware really is to define, and how easily government could step over the line in regards to forcing developers to adhere to overly broad guidelines.

According to Wired, Wyden is also supporting legislation that would make it illegal for marketers to sell the personal information for anyone under the age of 16 without parental consent.

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Forums » Legislating Spyware
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AmeritecTech
Change we can believe in, 1922
Premium
join:2002-09-06
Houston, TX

Could Be Useful

This could be of some use, but most spyware does seem to disclose what it does. Unfortunately, few read EULA's anymore.
Burpinator

join:2004-02-23
Winston Salem, NC

Re: Could Be Useful

There's a government workshop on Spyware April 19th, open to the public. I saw the link on the FTC website last night when I went there for something unrelated.

»www.ftc.gov/bcp/workshops/spyware/index.htm

It sounds like a public forum for "defining" spyware. Maybe its a chance to do something. Maybe the link is worth a more prominent place on BBR? I mean, we are always complaining about it on this board, now here's a chance to potentially do something.

Combat Chuck
Too Many Cannibals
Premium
join:2001-11-29
Erie, PA

said by AmeritecTech See Profile:
This could be of some use, but most spyware does seem to disclose what it does.
But then, if it discloses what it does, is it really spyware?
--
Japan-- Now with 30% more climbable telephone poles!!

mr_slick

join:2003-05-22
Lynnwood, WA

i admit that i do not read EULA's because it takes me a week or more to read the thing (they are like 50 pages long now!). i do try to scan through them, but you almost have to be an attorney to understand it all. that is why i do not use new software. i have all the software i need and i just keep using the old versions (with the exception of windows, browser, and av/firewall updates). the older versions of most software works better anyways

AmeritecTech
Change we can believe in, 1922
Premium
join:2002-09-06
Houston, TX

Re: Could Be Useful

This might help. www.oldversion.com

Love that site.

Maxo
Your tax dollars at work.
Premium,VIP
join:2002-11-04
Tallahassee, FL
clubs:
Just a question AmeritechTech. Doesn't this go against the (small/no) government ideals of libertarians?

AmeritecTech
Change we can believe in, 1922
Premium
join:2002-09-06
Houston, TX

Re: Could Be Useful

Libertarians believe that the maximum role of government should be protecting people from force and fraud initiated by others. I would consider harvesting personal information including browsing habits without consent to be a form of fraud. Of course, if its all disclosed in the EULA, I have no objections to what they do. People need to start taking EULA's more seriously. If the document is too long too read I think that they would be best suited by not using the program. I can read through most EULA's in about 15 minutes.
--
Independent thinkers tend to ALWAYS have someone not agreeing with them. It's the non-thinkers that always come in legions." -John Callari

mrchris
We don't miss you Bush
Premium
join:2002-10-01
North Babylon, NY

Hah

Like this will be any useful...look at the Can Spam act...ineffective!
--
Firefox

djrobx

join:2000-05-31
Valencia, CA
·PHONE POWER
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·RoadRunner Cable

Re: Hah

I think the spyware is a much bigger problem, and I also think that legislation might be able to more effectively deal with it than they could spam. The companies that produce and propagate this crap are a lot easier to track down. They've almost all got digital signatures in order to be able to be installable from Internet Explorer.
--
\\ROB - a part of the SCB local network
dyehard510

join:2003-04-25
Phoenixville, PA

Spyware

I hope they can stop spyware because it slows your pc down..

Omega
Displaced Ohioan
Premium
join:2002-07-30
Cheyenne, WY
clubs:
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Re: Spyware

said by dyehard510 See Profile:
I hope they can stop spyware because it slows your pc down..

It does more than that...if you get enough of it, your PC is not usable anymore.

I think spyware is more harmful to computers than virus's. One you get a little bit of spyware, more and more keeps coming. I have to to fix so many computers because of it.
--
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CrazyJr

join:2003-02-27
Oakland, CA

Re: Spyware

said by Omega See Profile:
I hope they can stop spyware because it slows your pc down..

I have a friend who called me because his computer slowed down to a crawl. I got a little concerned thinking it was a virus. I downloaded Spybot and Ad-aware, running one after the other. In about 30 minutes, viola!!, his computer is back up to speed. I recommend to him to resubscribe to Symantec.

All in all, I think the spyware business is getting more and more invasive. I'm not sure if legislation is the answer, especially since everyone (lawmakers) wants to legislate everything.

CPM

join:2001-08-24
Miami, FL

Can the spyware

The problem is not making a law but enforcing the law.

Piobaireachd
Happy Halloween
Premium
join:2000-09-21
Port Orchard, WA

More useless legislation

Wyden has always been pretty much an idiot.
moonpuppy

join:2000-08-21
Glen Burnie, MD

Sue the government......

....there is no such thing as spyware. It's adware and it is a service for our customers.

clowny
Premium
join:2003-09-09
Crystal Lake, IL
·AT&T Midwest

Another worthless law

Spyware should be banned. Hell, I don't have advertising execs & marketing firms tracking my every move in my house(yet), so why would I want this CRAP on my PC.

said by Piobaireachd See Profile:
Wyden has always been pretty much an idiot.

I agree with you there.

Sat_Man
Monotonous Isn't It
Premium
join:2001-09-14
Gray Court, SC

Re: Another worthless law

said by clowny See Profile:
Spyware should be banned. Hell, I don't have advertising execs & marketing firms tracking my every move in my house(yet), so why would I want this CRAP on my PC.

said by Piobaireachd See Profile:
Wyden has always been pretty much an idiot.

I agree with you there.

Yep! He's an idiot! It looks like after the "Can Spam Act" he would have learned his lesson.

kutk

@200.75.x.x

Re: Another worthless law

this is bad news for the peeps at ad-aware like companies :P


DivineDark

join:2001-08-30
Oklahoma City, OK
clubs:

Re: Another worthless law

said by kutk:
this is bad news for the peeps at ad-aware like companies :P



Yep. They remove detection of spyware if the company states its install in the eula. Adaware bad, Spy bot s&d good.

dvd536
as Mr. Pink as they come
Premium
join:2001-04-27
Phoenix, AZ

said by clowny See Profile:
Spyware should be banned. Hell, I don't have advertising execs & marketing firms tracking my every move in my house(yet), so why would I want this CRAP on my PC.
If you got cable or satellite television you DO have someone tracking your every move(on the remote)
--
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clowny
Premium
join:2003-09-09
Crystal Lake, IL
·AT&T Midwest

Re: Another worthless law

said by dvd536 See Profile:
If you got cable or satellite television you DO have someone tracking your every move(on the remote)

Nope, no cable or satellite in my house right now.

Varangian

join:2002-12-08
Collinsville, IL
I had dish and came home to find the receiver on the phone with someone.
I pulled the phone cord out of the receiver and havent ever plugged it back in. Works fine.
salahx

join:2001-12-03
Saint Louis, MO

Nice idea but needs work

As one of the "helpdesk monkeys" behind the phones, I applaud the effort that someone is (or at least, making the appearance of) taking action again the scum that give my customer so much grief.

For one, i really hate hate the term "spyware" when applied to most of these programs (as many of them do no spying). "Predatory software" better describers this class of malware - maybe even "Trojan horse" as they say they do one thing, (and may actually do it) but they also have "side effects" - popups, redirects, etc. This is like giving away candy to children tainted with a new experimental drug your testing (of course, you made them sign a 50-page document in 2-point type explaining what was in the stuff, right?).

Full disclosure is not enough, because the person on the end has no clue what it means. The end user has no clue, and is unlikely to get one however much you try (if you don't believe me, get a job at your local ISP helpdesk). The people that make this software - and those whom bundle it - are predators of the ignorant, because if they DID understand what this "shiny piece of software" did, they wouldn't install it. Of course, some users DO find out - usually after their machine has been trashed - and of course, there (usually) is either no uninstaller, it doesn't work, of course have to download off their website (after your winsock has been trashed, of course) - and unless you know how to apply an Winsock Rip or has a utility like LSPFix, time to grab that restore CD. Naturally the end user has no backups, or any clue what they are, much less how to do it.

I'd love to be able to help those who's computer have been fouled up such "spy/scum/parasite/preditorware" - and send the bill to the company who wrote the thing. (Usually my alarm goes off shortly after the idea).

The tough part will be defining on constitutes "predatory software" - lest we wind up with DMCA-like act (or worse); ;something with more perforations that the (You) Can Spam Act; or something that make distributors of badly written but legit software (like Windows!) have legit fears of getting sued-enjoined.. If a good definition can be found, the predators who distribute that software should be open to lawsuits, damages and injunctions to the people whom are victimized by their software, with punitive and treble damages for deliberate malicious activity (like some of the versions of CWS that go out their way to ensure "removal" of the program will render you machine unbootable, or automatically close and redirect all resources for removing them). Ideally, there would be a mandatory death penalty on the first offense for the executives of the companies whom distribute such software. Future offenses could carry even harsher penalties.
Skippy25

join:2000-09-13
Hazelwood, MO

Re: Nice idea but needs work

Ideally, there would be a mandatory death penalty on the first offense for the executives of the companies whom distribute such software. Future offenses could carry even harsher penalties.
I'm no rocket scientist, but if the first offense is commited and the sentence is carried out accordingly, how can you have a future offense? Further more if by some magical way you did, how could the penalties actually be more harsh then death?
salahx

join:2001-12-03
Saint Louis, MO

Re: Nice idea but needs work

said by Skippy25 See Profile:
I'm no rocket scientist, but if the first offense is commited and the sentence is carried out accordingly, how can you have a future offense? Further more if by some magical way you did, how could the penalties actually be more harsh then death?

Well there is no HUMOR tag in HTML, so I had to make do with STRIKE....

Varangian

join:2002-12-08
Collinsville, IL

The problem is:

The problem here isnt spyware or legislation nor even uneducated end users.
It's the "anything goes" attitude in the coprorate community.
If the suits weren't bitterly determined to invade our privacy - something they KNOW is wrong- with the spyware, we wouldn't have spyware problems.
Im just wondering how rough we'll have to get with th suits before they remember the difference between right and wrong.

EddyisgreatAnon

@wa.us

Spyware is a no-no

I think any self respecting intermediate n00b will not install spyware willingly under any circumstances, if its that good i'll pay for it. This won't make anything crash and burn.
Forums » Legislating Spyware


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