Spyware Laws
Spyware are computer parasites that are installed without the owner's knowledge or consent. Spyware has an abundance of techniques for infiltrating your computer: through opened spam email attachments, peer-to-peer file sharing networks, trojans and instant messaging applications. The primary purpose of spyware is to spy on your PC activity, collecting sensitive information such as user names and passwords to your online banking accounts, sensitive private information and web browsing habits. Some programs generate annoying pop-ups whether you are online or not, and some especially dangerous spyware grants a hacker full access to your computer.
Other People Are Reading
-
Legal Spyware
-
Some types of spyware, however, infect your computer legally. Most of these programs come as part of a bundled package with legitimate software. When you download the package it comes with a License Agreement that is so long that most users do not even read it, and just click on "Accept." Even those who do read it might need lawyers to understand what it says. Therefore, they click on "Accept" too. This is why many spyware developers argue for the legitimacy of their actions. Also, there are many legitimate spyware producers that monitor business networks and are installed for control purposes by owners.
I-SPY Act
-
The U.S. House of Representatives passed the I-SPY Act, or Internet Spyware Prevention Act of 2005. It dictates that the use of spyware to collect personal information without the user's knowledge is criminal and the developers might be fined or/and imprisoned. Personal information is defined as first and last names, home or other physical addresses, email addresses, telephone numbers, Social Security numbers, tax identification numbers, driver's license numbers, passport numbers, other government-issued identification numbers, credit card numbers, bank account numbers, and passwords or access codes associated with credit card or bank accounts. However, this bill does not apply to governmental agencies that need to collect information for the national security matters. Unfortunately, as of 2009, the Act has not become a law.
-
SPY BLOCK Act
-
Also in 2005, the U.S. Senate Committee on Commerce, Science, and Transportation passed the SPY BLOCK Act, or Software Principles Yielding Better Levels of Consumer Knowledge Act. This bill passed in committee, but never became law. It prohibits software that grants unauthorized access to a user's computer, generates ad pop-ups and collects personal information, making these activities illegal without providing the purpose of the software prior to installation. FTC and state attorney generals would be the enforcers.
The SPY ACT
-
The House of Representatives passed The Spy Act, Securely Protect Yourself Against Cyber Trespass in 2004. It prohibits collection of personal information, unauthorized control of a user's computer to send spam to other computers or to participate in damaging other computers, modifying user changes, redirection to fraudulent websites, keylogging and disabling of antivirus or antispyware software. The bill never passed the Senate, though.
State Acts
-
Several states, such as Iowa, Washington and California, have enacted laws that make spyware illegal if installed without users' knowledge or consent. California's Consumer Protection Against Computer Spyware Act, which became a law in 2005, prohibits installation of software on a user's computer to use it to deceptively modify settings, including a user's home page, default search page or bookmarks. It criminalizes the collection, through intentionally deceptive means, of sensitive private information through keystroke-logging and tracking website visits. The Act states that the users must be notified of the intended installation and purpose of the spyware.
Conclusion
-
Thus, current laws protect consumers only against spyware that enters your computer without your knowledge. But there is a huge amount of spyware that installs with users' consent. This is why antivirus and antispyware products are an important part of computer security protection, and cannot be neglected, for your computer's safety.
-
