The Legal Problems of Spyware
Information Today, Vol. 23, No. 5, p. 17, May 2006
3 Pages Posted: 13 Aug 2010
Date Written: May 2006
Abstract
A few months ago, I was working on my home computer when all of a sudden Internet Explorer started getting bombarded with multiple images of full page pop-up advertising. It would not stop until 4 or 5 advertising windows were displayed. I closed each of the windows and ran my virus-checker, which came up empty. Two days later, the same thing happened, then the next day, then twice the next evening, and so on... It turned out - as should be obvious - that my computer was infected by a particularly venomous bit of spyware.
Perhaps second only to spam as a curse of the Internet, spyware is not necessarily a new phenomenon. According to the Wikipedia, the concept dates back to the early days of the commercialization of the Internet. Spyware, along with its slightly less insidious cousin adware and the infamous spam, are creatures of the commercialization of the Internet.
Spyware was initially developed to exploit commerce on the Internet through marketing, advertising placement or data gathering. None of these concepts is in and of itself illegal or unethical. However, when it takes place through the implantation of software without the knowledge or consent of the user, then the legality becomes more questionable. When personally identifying information is obtained, then the legality is virtually gone.
Keywords: Internet law, advertising law, advertising, spyware, breach of privacy, lawsuits, anti-spyware legislation, computer fraud, market effect, e-commerce, Computer Fraud and Abuse Act, Electronic Communications Privacy Act
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