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Spyware Be Gone! If It Were Only That Easy
by WebAdvantage.net ©Copyright 2003

Meet Spyware, the James Bond of the computer world. It's sleek, 
cunning, and perpetually gets itself out of jams - it's 
"slippery." What is it and why does it never seem to get caught? 
The Center for Democracy and Technology http://www.cdt.org (CDT) 
seems to know.

Released just a day prior to Representative Mary Bono's (R-CA) 
public hearing before a congressional subcommittee (regarding, 
of course, spyware) CDT released a thorough report on the 
subject - "Ghosts in Our Machines: Background and Policy 
Proposals on the Spyware Problem.
http://www.cdt.org/privacy/031100spyware.pdf"

Spyware, a loosely defined term, is essentially software that 
aids any unauthorized party in obtaining private information 
from one's computer without his or her knowledge. The term can 
apply to anything and everything from key stroke loggers, web 
cookies (http://www.webadvantage.net/tip_archive.cfm?tip_id=82&&a=1), 
web browsing trackers
(http://www.webadvantage.net/tip_archive.cfm?tip_id=149&&a=1), 
and programs designed to help provide security patches for users. 
Moreover, and perhaps more annoyingly, are adware applications; 
they essentially piggyback on peer-to-peer file-sharing software 
and free downloads, like Gator or Kazaa. Occasionally, this is 
also referred to as "Scumware"
(http://www.webadvantage.net/tip_archive.cfm?tip_id=258&&a=1).

"Computer users are increasingly finding programs on their 
computers that they did not know were installed and that they 
cannot uninstall," said CDT associate director Ari Schwartz. 
Subsequently, this causes privacy and security holes that can 
hinder the performance of computers. Software companies, in turn, 
mistakingly take the blame. They are taking the calls relating 
to slow connection or e-mail interference, said Schwartz. And 
it's costing them money.

Okay, so CDT criticizes spyware and other downloadable adware 
programs. It wants a solution to its top issue. But isn't that 
what Bono and several other key legislators want? Not 
necessarily.

What CDT wants is not some direct, pin-pointed piece of 
legislation aimed at ceasing spyware, but rather basic privacy 
standards to which all programs should be held. It feels, 
according to Schwartz, that "more thought needs to be given to 
spyware as a problem of trespass in addition to as a privacy
issue."

Defining the term "spyware" is a tricky task, one that Bono 
and her allies seem to be forgetting. Under the legislative 
definition of spyware, restrictions would encompass an array of 
programs - most cookies, even ones that are temporarily stored 
in browsers, virus protection software, and even software that 
keeps tabs on children's computer use.

Because of this, CDT thinks that customers will be better served 
by privacy legislation - legislation that forces software 
programs to give computer users notice if they are collecting 
any type of information and, more importantly, give users the 
ability to easily turn off or uninstall the program.

CDT associate director Alan Davidson stated, "The question is do 
people know how their computer is being used, and do they have a 
meaningful choice to uninstall a program if they don't want it. 
In the most troubling cases of spyware, the answer is still no." 
Davidson also wants adware providers to offer clear instructions 
regarding contact information so that users can call them, not 
the software companies, concerning complaints.

For the spyware makers who are truly, in current terms, legal, 
there is still hope for survival. Pest Patrol
(http://www.pestpatrol.com), 
Aluria Software (http://www.aluriasoftware.com), and Lavasoft
(http://www.lavasoftusa.com) - antihacking programmers - have 
formed the Consortium of Antispyware Technology (COAST) 
(http://www.coast-info.org) to increase consumer awareness and 
one day create a code of conduct for adware. Roger Thompson, vice 
president of product and development at Pest Patrol, reported 
that in this year alone his company received 60,000 incidents of
spyware abuse. COAST offers great opportunities for those spyware 
companies that truly want to comply to standards so that they 
don't go down with the "dangerous spyware" label.

Having kicked off a campaign to gather spyware horror stories, 
CDT suggests that, for now, computer users should do several 
things in order to deal with invasive applications:

1. Run a spyware detection and removal utility on your computer
2. Be wary of installing free, ad-supported applications
3. Read up on new software and read all licensing agreements 
   before installing
4. Check for and read privacy policies posted on company websites
5. Do not accept downloads from pop-up windows or from unknown 
   websites

Although the efforts of Bono, Senator John Edwards, and various 
others are applaudable, legislation alone cannot address all of 
the concerns raised by spyware. It is the industry itself, 
believes CDT, that can regulate illegal activity. The current 
definition of spyware is rather fuzzy and slippery, therefore 
making it difficult to draft legislation. Looks like 007 has a
little competition.

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