Spyware has reached such epidemic proportions that legislators in the US Congress as well as state legislatures are responding to public outrage by drafting bills to prohibit its distribution, stem abusive practices and protect Internet user privacy. Unfortunately, pending and recently enacted anti-spyware laws are considerably flawed and could actually cause more harm than good. In fact, many experts believe we'd be better off if we'd simply put more effort into enforcing existing laws that prohibit fraud and deceptive business practices. And nearly all knowledgeable parties acknowledge that spyware is a technology problem that requires a technology solution.
New Laws, Plenty Of Flaws
Three pieces of legislation are receiving attention and attracting most of the debate.
- Bill S.2145, the SPY BLOCK Act, seeks to "to regulate the unauthorized installation of computer software, to require clear disclosure to computer users of certain computer software features that may pose a threat to user privacy, and for other purposes.... "
* A similar bill has been introduced to the US House of Representatives. H.R.29, the Securely Protect Yourself Against Cyber Trespass Act, or SPY ACT, seeks to "protect users of the Internet from unknowing transmission of their personally identifiable information through spyware programs, and for other purposes.... "