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Utah Bill to Ban Spyware
Internet businesses starting to worry
(old news - 01:09PM Friday Mar 12 2004)
tags: legislation · privacy · software
A proposed bill in Utah would make it a crime to install spyware on a user's computer, and un-like other proposed legislation, it makes no pleasant effort to distinguish "spyware" from "malware". Obviously the bill is opposed by giants like Amazon, AOL, AT&T, eBay, Microsoft, Verizon, and Yahoo, who all argue that the broad language of the bill could harm legitimate applications. Princeton professor Ed Felton offers both the bill itself (pdf file) and his analysis over at his Freedom-to-Tinker blog. As noted in our Morning Broadband Bytes report, CNET offered an article on the bill last week. A less strict federal anti-spyware bill is worming its way through Congress.

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Forums » Utah Bill to Ban Spyware
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CCCMTech
Premium,VIP,MVM
join:2002-05-17
Pound, VA


1 edit

*ware is like *nix

With the exception of freeware it's all invasive.

[edit] Since noone else is posting I figured I would elaborate some.

Personally I think this is a step in the right direction, but like most all bills relating to malware, etc. It would be hard to prosecute any foreign company which is probably what we will start seeing. That and larger EULAs.

justin
Australian
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Brooklyn, NY

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Support the bill if big business oppose it

As far as i am concerned if big business hate this bill because they have to be just a little bit careful not to run afoul of it when installing call-home plugins on your PC, and that is the main reason they oppose it, then the bill is great and should be supported.

There are legal rules in print advertising they have to live with, they should live with legal rules online as well. I can't think of how consumers would lose if software companies have to detail to you, the user whenever they are going to change the function of YOUR pc so that it sends back MORE information, or other 3rd parties, than it did before.
CCCMTech
Premium,VIP,MVM
join:2002-05-17
Pound, VA

Re: Support the bill if big business oppose it

I agree with the must be great if businesses hate it, for the most part anyway.

The biggest problem I see is enforcement.
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Overdrive
Are You Where You Want To Be?
Premium
join:2001-05-31
Waterbury, CT

EULA: who really reads them... I glance through it if it is a free/shareware prog to see if it is installing spyware... but with all of the mumbo-jumbo in there I wonder if even a lawyer could disect 'em.

that is of course my opinion.
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CCCMTech
Premium,VIP,MVM
join:2002-05-17
Pound, VA

Re: Support the bill if big business oppose it

EULAs are like a CYOA clause, but this only prevents prosecution on the basis of "they didn't know it was going on"

If the outlaw it, it will bring up questionable suits, basically the EU agreed to install such software and had a chance to opt out, etc.
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dvd536
as Mr. Pink as they come
Premium
join:2001-04-27
Phoenix, AZ

said by Overdrive See Profile:
EULA: who really reads them... I glance through it if it is a free/shareware prog to see if it is installing spyware... but with all of the mumbo-jumbo in there I wonder if even a lawyer could disect 'em.

that is of course my opinion.

When i see "Third party" in the install agreement the software goes into the bit bucket, not my hard drive.
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PhoenixDown
-- Wants FIOS
Premium
join:2003-06-08
Fresh Meadows, NY
clubs:
I hope other states do the same!

PhoenixDown
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Fresh Meadows, NY
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yeah but we're not always given the option of 'opting' out and when we are the process is sometimes painful and tedious. There are a lot of people out there that don't know such information is being recorded and sold and the EULA agreements aren't always informative of such facts.
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CCCMTech
Premium,VIP,MVM
join:2002-05-17
Pound, VA

Re: Support the bill if big business oppose it

I know, so I think the EULAs will be expanded upon to include such malware and HOPEFULLY an option to opt out. Most EULAs mention spyware now if you can read through all 10,000 words.
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niko01

join:2004-01-19
Houston, TX

"Big business" opposes it because the definition draws in potentially legitimate software that has nothing to do with spyware. That legit software may, or may not, comply with the technical terms of this bill. Vague bills encourage litigation.

What you are not being told is that "big business" includes a wide array of organizations opposing this bill, including the Center for Democracy & Technology. What you are also not being told is that this bill was bought and paid for by 1-800-Contacts, which is based in Sandy, Utah, and is the result of its ongoing battles with predatory pop-ups from competitors.

"Big business" has offered to work with the sponsors if the'd make the bill less about the technology and more about improper use of the technology...

acehyde
Tired.
Premium
join:2001-08-14
clubs:

Finally!

I think this is GREAT!

It's about time someone did something about companies installing software on a pc without the users express permission.

In some instances, I have found that spyware causes more harm than a virus infection.
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Nip it in the Bud!

ewgny

join:2000-12-21
East Setauket, NY

Bounty Hunter

Installing Sh*t on peoples computers without their consent should be a Federal Crime. I'd love to be a Bounty Hunter and drag the scum like those LOP people
in by their chin hairs.
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Morac

join:2001-08-30
Riverside, NJ
·Comcast

Get consent

I think any software (not just spyware/malware) that installs or updates itself without the consent of the user should be banned.

And I don't count clicking "OK" at the EULA agreement written in lawyerese at install time as consent.

1. A program should specifically say that it is going to be installed, what files will be installed and where and give you the option to cancel the install.

1a. If an installation program installs other software besides itself (like AIM does), it should give you the option to not install that software or at least tell you it will do so and give you the option to cancel the entire install.

2. If a program needs to self-update itself then it should ask you each time it needs to do so. There can be a check box where you can give future consent if you don't want it to ask you in the future.

Any software that doesn't follow these 2 simple rules should be illegal.

The only possible exception I might give is to automatic installation of OS critical patches and anti-virus updates. I only say that because morons would never update otherwise. Even that should at least tell you it is doing so though and give you the option to disable it.
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David
No,there is another.
Premium,VIP
join:2002-05-30
Granite City, IL
clubs:
·DIRECTV
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Petition anyone??

Anyone wanna sign the petition? after all.... if we can get this done imagine what else we can get done... if we as american people just "stand up"
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insomniac84

join:2002-01-03
Schererville, IN

that bill is awesome

I like how it says that the ability for the user to remove or hide the ads cannot be used as a defense. Now what is Gator going to do about people who call them spyware? According to Utah Law, they are spyware.

verolom

join:2002-03-23
Eagleville, PA

AT&T and Verizon - spyware giants?

I'm sorry, but since when did telecom companies start worrying about spyware? What is the source of this information?

Varangian

join:2002-12-08
Collinsville, IL

Re: AT&T and Verizon - spyware giants?

I cant address them, but as it is my grim misfortune to yahoo support Ive got a pretty good idea.
the giants are inserting spyware on their install disks.
The Yahoo spyware isn't a big deal to a brand new 3Ghz machine, but it will suck the life out of a lesser one.
And we have been expressly forbidden to directly assist the customers in cleaning the cr*p out.

viperpa33s
Why Me?
Premium
join:2002-12-20
Bradenton, FL
·Bright House

We'll be left with the lax Federal law,

How come the State's law is always more strict than a Federal law? If Utah's law gets signed by there governor, the more lax Federal law would void it. Just like the lax Can the Spam Act that voided the more strict law of Virginia.

As we seen from the lax Federal law with spam, people are getting more spam than ever. Sure you have some of the ISP's suing spammers but you don't see the Justice Dept. doing anything? Why, cause the law is so lax and has so many loopholes that they can't do a darn thing.

I surely hope there is no Federal law on spyware cause we will all be in trouble just like with the spam.

SuperJudge
Magus
Premium
join:2002-11-14
Albany, GA
clubs:

Hah!

Hahahhaahhahaha! Haaaaaaaaahahahahahha!
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Forums » Utah Bill to Ban Spyware


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