| What is "Spyware?"
Spyware is a term used to describe a wide variety of computer software that can be installed on a personal computer without the consent or knowledge of the user or owner of the computer. Spyware is installed remotely when the user is searching the Internet; it is not loaded onto the computer by using a disk. A computer user is almost never aware that Spyware has been inadvertently downloaded onto his or her computer simply by clicking on a certain "banner ad" or "pop up ad." A computer user probably does not realize that he or she is downloading Spyware simply by agreeing to download software that is thought to be legitimate.
Users who have had Spyware loaded onto their computer claim that the programs redirect them to web sites that they do not wish to visit. Some claim to have been victims of identity theft. Spyware can--and usually does--record whatever the user types while online, thus stealing personal information. Not surprisingly, computer users claim that Spyware invades their personal privacy. While many companies and individuals in the online industry agree that "computer snooping" or spying is an invasive of privacy, the problem is caused by irresponsible and offensive behavior of the "spy," rather than by bad software or faulty web sites.
Some Internet service providers have offered Spyware scanning and removal software to their users. Computer users can also obtain software that scans and removes Spyware.
Pending federal anti-Spyware legislation
As of October 2004, several anti-Spyware bills are pending in Congress. For instance, the Internet Spyware Prevention Act would, if passed into law, mandate prison terms for people who exceeded their authorized access or who obtained personal information with an intent to defraud the computer user. The Act would provide for funding for federal enforcement. Another anti-Spyware legislation, the SPY BLOCK (Software Principles Yielding Better Levels of Consumer Knowledge) Act would prohibit the installation of Spyware. SPY BLOCK would prohibit the use of misleading ads and messages to trick computer users into installing a software program that they do not wish to install. SPY BLOCK would further prohibit the installation of software that automatically collects and transmits personal information, without the computer user's consent.
California passes anti-Spyware law
The Consumer Protection Against Computer Spyware Act was signed into law in California in 2004. An online customer privacy protection law, it prohibits online companies from intentionally misleading computer users into downloading Spyware that will be used for fraudulent purposes. Unlike the proposed federal law, SPY BLOCK, the California law does not include any provisions concerning consumer consent.
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