Spy Games
Federal prosecutors have successfully obtained an injunction against "SpyKing," the first target in the FTC's war against spyware. Since this is an area of law and technology that I'm especially concerned about, I'll be writing more about this in days/weeks to come.
WHAT IS SPYWARE?
This is very hard to define, and I suspect finding a definition would be the core difficulty for the Feds and the Courts, since any broad definition would infringe on legitimate softwares out there. For example, we might define Spyware as any software delivered to the user without his permission. The problem with this is that a lot of legitimate webstites place tracking cookies on user's browser. For example if you visit www.amazon.com you will notice the "Your Favorites" section. This is in part because of tracking cookies (in other part they use some algorithm based on your prior purchases). Another use is with respect to log-in authentication. Everytime I visit Yahoo it has the weather info for Berkeley. Marvelous, how does it do this? Through a cookie. However this is not much of a problem for the definition presented. Yahoo installs a cookie only after I check "remember me" when logging in initially. These boxes are a way for the user to grant the server permission to install a tracking cookie. Aside from these instances, there do not appear to be other serious uses of software installed without permission.
The other approach involves a more specific definition, such as any software installed by a third party for tracking and advertising purposes. This would exempt Amazon and Yahoo regardless of the user's permission. They are not third parties since the user directly visits their website. The problem with this definition is that it's easily circumventible. Off the top of my head, I can see sites redirecting the user to another site where the tracking cookie is installed. Or once one cookie is installed it redirects you to other such sites whenever you search for something, or click on something. Pop-ups present another barrier to this. Lastly, this definition will not capture third party software with a primary purpose for A, but a secondary purpose for B (advertising and tracking). Remember, spyware need not be limited to cookies. In fact, I don't think cookies would even qualify as software.
Regardless of the definition used, this will be an area of the law that will be heavily litigated, especially as technology evolves.
The effect of SpyWare is almost catastrophic. Over the past 2 years or so, I have noticed more and more people complaining that their computers are too slow and that they have too many pop-ups. This is the end result of spyware invasion that is uncontrolled, combined with user inability to clean their computers. First, a lot of software (third party or not), when installed place themselves on the start-up list of Windows. This means everytime your computer is turned on, the software is running, regarldless if you use it or not. People do not know how to prevent software from starting up (click on start, then run, then type "msconfig" and hit enter. Go to selective start-up and remove programs you do not need. There are certain programs required by manufacturer, so it might be a good idea to give your PC maker a call while doing this). Each program that runs, takes precious memory space in the computer's RAM (working memory of a computer, where information is stored temporarily while you are actively using it). Second, spyware lead to pop-ups and a general slow down to your internet browsing ability. There are programs out there such as Pop-up Stopper that simply stop browser windows from launching (if you need a second window opened you hold down CTRL key). There are lots of programs out there that work like virus scans. They scan your computer for spyware and ask if you want to remove them. Spyware Search and Destroy and Adaware are the two I'd recommend.
These simple steps can greatly mitigate the effect of spyware. However their impact is such that the FTC is taking notice now. Next up, legal issues.
WHAT IS SPYWARE?
This is very hard to define, and I suspect finding a definition would be the core difficulty for the Feds and the Courts, since any broad definition would infringe on legitimate softwares out there. For example, we might define Spyware as any software delivered to the user without his permission. The problem with this is that a lot of legitimate webstites place tracking cookies on user's browser. For example if you visit www.amazon.com you will notice the "Your Favorites" section. This is in part because of tracking cookies (in other part they use some algorithm based on your prior purchases). Another use is with respect to log-in authentication. Everytime I visit Yahoo it has the weather info for Berkeley. Marvelous, how does it do this? Through a cookie. However this is not much of a problem for the definition presented. Yahoo installs a cookie only after I check "remember me" when logging in initially. These boxes are a way for the user to grant the server permission to install a tracking cookie. Aside from these instances, there do not appear to be other serious uses of software installed without permission.
The other approach involves a more specific definition, such as any software installed by a third party for tracking and advertising purposes. This would exempt Amazon and Yahoo regardless of the user's permission. They are not third parties since the user directly visits their website. The problem with this definition is that it's easily circumventible. Off the top of my head, I can see sites redirecting the user to another site where the tracking cookie is installed. Or once one cookie is installed it redirects you to other such sites whenever you search for something, or click on something. Pop-ups present another barrier to this. Lastly, this definition will not capture third party software with a primary purpose for A, but a secondary purpose for B (advertising and tracking). Remember, spyware need not be limited to cookies. In fact, I don't think cookies would even qualify as software.
Regardless of the definition used, this will be an area of the law that will be heavily litigated, especially as technology evolves.
The effect of SpyWare is almost catastrophic. Over the past 2 years or so, I have noticed more and more people complaining that their computers are too slow and that they have too many pop-ups. This is the end result of spyware invasion that is uncontrolled, combined with user inability to clean their computers. First, a lot of software (third party or not), when installed place themselves on the start-up list of Windows. This means everytime your computer is turned on, the software is running, regarldless if you use it or not. People do not know how to prevent software from starting up (click on start, then run, then type "msconfig" and hit enter. Go to selective start-up and remove programs you do not need. There are certain programs required by manufacturer, so it might be a good idea to give your PC maker a call while doing this). Each program that runs, takes precious memory space in the computer's RAM (working memory of a computer, where information is stored temporarily while you are actively using it). Second, spyware lead to pop-ups and a general slow down to your internet browsing ability. There are programs out there such as Pop-up Stopper that simply stop browser windows from launching (if you need a second window opened you hold down CTRL key). There are lots of programs out there that work like virus scans. They scan your computer for spyware and ask if you want to remove them. Spyware Search and Destroy and Adaware are the two I'd recommend.
These simple steps can greatly mitigate the effect of spyware. However their impact is such that the FTC is taking notice now. Next up, legal issues.
posted by Armen Adzhemyan at 1:31 PM
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