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Legislation to Stop Spyware – Will it stop the Craziness?
What does spyware and why is legislation want to get involved? Spyware is software that will track and/or collect personal information from users who are online. This spyware can change the users settings and create advertisements to pop-up that will match the last site they looked at online. The majority of the time consumers are unaware of what is happening to their computers and keep on clicking having no idea their every “click” is being monitored. Once the user does find out that spyware has been downloaded to their computer it is near impossible to remove. There are at least 28 states that are considering legislating spyware and twelve states enacted legislation in the year 2005.
North Carolina has enacted legislation called the “Spyware Control Act.” They have done this so that manufacturers can no longer sell products that include spyware without the consumer’s knowledge. Tried of having their privacy violated in this manner the citizens of North Carolina took a stand and have made it clear they want their privacy protected. This act states that manufacturers who build spyware into their products are required to tell the consumers clearly that they are about to purchase products that include spyware. The notice that manufactures have to put on their products needs to state the type of information they collect and to whom they send it.
The manufacturers of “free-ware” state that the only reason they have spyware programs built into their programs is that they are using it improve their advertising returns. This legislative act will also for manufactures make certain that the spyware placed in products is done so correctly, properly encrypted, and insulated adequately so that hackers cannot penetrate it. This act has some “common sense exceptions” such as
Spyware gathering information for the use of technical advisement to the user
Support of the software
Determining whether the individual using the software has a legal right to use it
There is also legislation called Software Principles yielding Better Levels of Consumer Knowledge (SPYBLOCK) Act that is designed to give consumers control over the programs they want to download into their computers. There are three aspects of spyware addressed:
Imposes new rules that make it difficult for companies to slide software onto users’ systems unknowingly
Requires directions and options for removal that are easily understood
Prohibits any harmful spyware
Many companies download software onto a users’ computer without their knowledge, this bill would require a company to notify the user before the download began explaining why they were going to do this and give the user the option of accepting or declining. Now some spyware is nearly impossible to remove once it is in your computer. This bill would give the individuals the ability to enter into a contract and leave the contract if they want to, which would allow them to remove any spyware that has been placed on their computer.
Congress is getting closer and closer to passing an anti-spyware bill with the ever-increasing concern with cyber security an issue they are being pressured to do something to protect the consumers from unwanted spyware. The bottom line that the legislation and congress is trying to accomplish is stopping the manufacturers from placing spyware onto the products of consumers without their knowledge. To create a system to where the manufacturers, regardless of the reason they are putting spyware into their products, must notify the consumers and give them the option of accepting or declining. This is important whether the consumer is purchasing the products over the Internet or through a retail chain. Once they put it on their computer, they should be notified in some fashion that spyware is present and given the opportunity to accept or decline with out any residual affect to the program that they purchased.
What legal rights do you have against those who believe it is their right to monitor every stroke we make on the computer for their gain? Those who use spyware state that the consumer has agreed to allow these sites to gather personal information simply by using certain products. You know that little box at the bottom of the screen that you frequently ignore that says, “Click here if you agree?” Well, guess what you are agreeing to? That is right, spyware being downloaded onto your computer. . It is not fair to force a consumer to comply with spyware simply to use a program. Will enacting laws help this situation? Only time will tell.
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