Close
  • Latest News
  • Big Data and Analytics
  • Cloud
  • Networking
  • Cybersecurity
  • Applications
  • IT Management
  • Storage
  • Sponsored
  • Mobile
  • Small Business
  • Development
  • Database
  • Servers
  • Android
  • Apple
  • Innovation
  • Blogs
  • PC Hardware
  • Reviews
  • Search Engines
  • Virtualization
Read Down
Sign in
Close
Welcome!Log into your account
Forgot your password?
Read Down
Password recovery
Recover your password
Close
Search
Logo
Logo
  • Latest News
  • Big Data and Analytics
  • Cloud
  • Networking
  • Cybersecurity
  • Applications
  • IT Management
  • Storage
  • Sponsored
  • Mobile
  • Small Business
  • Development
  • Database
  • Servers
  • Android
  • Apple
  • Innovation
  • Blogs
  • PC Hardware
  • Reviews
  • Search Engines
  • Virtualization
More
    Home Cybersecurity
    • Cybersecurity

    Spyware: Already Illegal

    By
    eWEEK EDITORS
    -
    May 3, 2004
    Share
    Facebook
    Twitter
    Linkedin

      The law may be an ass, as Mr. Bumble famously said in Charles Dickens “Oliver Twist,” but its a hardy beast that can carry its load over many kinds of terrain. Indeed, people have been dealing with one another, protecting themselves against one another and making it possible to get along with one another under the rule of law for centuries and through many technology changes.

      The Dickens quotation came to mind when two new anti-spyware bills appeared recently in the House and the Senate. Its an understandable but erroneous reaction to seek to enact a new law for every kind of technology that appears. We suggest, however, that well all be much better off if existing laws are applied, like a sturdy draft animal, to prosecute abuses perpetrated through new technologies. We already have laws against fraudulent claims; we dont need a separate law to handle those claims when theyre made in e-mail.

      /zimages/4/28571.gifClick here to read Security Center Editor Larry Seltzers take on the anti-spyware bills.

      So were encouraged that the U.S. Federal Trade Commission is resisting calls from lobbyists to pass anti-spyware legislation and has instead joined with the IT industry to call for improved self-regulation and user education. Referring to the laws against consumer fraud and identity theft, Mozelle Thompson, a commissioner at the FTC, told United Press International: “There are some kinds of practices that we may consider unfair or deceptive that we already have existing power to pursue.” The consensus of the FTC, as reported in eWEEK, is that its too early to write laws banning spyware and that existing laws should protect consumers.

      We applaud the FTC for taking this position against passing more legislation. We have made the same point with regard to anti-spam laws in this space, and we reiterate: It is always a bad idea to think a new technology creates a need for a new form of law. It is this type of mind-set that puts us into a never-ending cycle of “protecting” consumers with laws that are too numerous and unwieldy to enforce. The CAN-SPAM Act (SB 877) passed late last year is one example. To date, the law has had no noticeable impact on the amount of spam traveling the Internet, according to a recent report by Jupiter Research.

      /zimages/4/28571.gifRead more about CAN-SPAM compliance here.

      Not only is anti-spyware legislation similarly not likely to be effective, but it could make the use of beneficial monitoring and tracking software illegal.

      Instead of passing laws and implementing regulations, we call on the FTC and state attorneys general to launch efforts—as they have done with regard to consumer fraud and spam—to educate users on the dangers of spyware and how to protect themselves from it. We also call on vendors and service providers to warn their customers about spyware and to provide features that can counteract it.

      There is no new law required to carry out these measures. Passing a new law will not be a substitute for them.

      /zimages/4/28571.gifFor insights on security coverage around the Web, check out eWEEK.com Security Center Editor Larry Seltzers Weblog.

      eWEEK is interested in your point of view. Send your comments to eWEEK@ziffdavis.com.

      /zimages/4/28571.gifCheck out eWEEK.coms Security Center at http://security.eweek.com for security news, views and analysis.
      Be sure to add our eWEEK.com security news feed to your RSS newsreader or My Yahoo page: http://us.i1.yimg.com/us.yimg.com/i/us/my/addtomyyahoo2.gif

      eWEEK EDITORS
      eWeek editors publish top thought leaders and leading experts in emerging technology across a wide variety of Enterprise B2B sectors. Our focus is providing actionable information for today’s technology decision makers.

      MOST POPULAR ARTICLES

      Big Data and Analytics

      Alteryx’s Suresh Vittal on the Democratization of...

      James Maguire - May 31, 2022 0
      I spoke with Suresh Vittal, Chief Product Officer at Alteryx, about the industry mega-shift toward making data analytics tools accessible to a company’s complete...
      Read more
      Cybersecurity

      Visa’s Michael Jabbara on Cybersecurity and Digital...

      James Maguire - May 17, 2022 0
      I spoke with Michael Jabbara, VP and Global Head of Fraud Services at Visa, about the cybersecurity technology used to ensure the safe transfer...
      Read more
      Cloud

      IGEL CEO Jed Ayres on Edge and...

      James Maguire - June 14, 2022 0
      I spoke with Jed Ayres, CEO of IGEL, about the endpoint sector, and an open source OS for the cloud; we also spoke about...
      Read more
      Applications

      Cisco’s Thimaya Subaiya on Customer Experience in...

      James Maguire - May 10, 2022 0
      I spoke with Thimaya Subaiya, SVP and GM of Global Customer Experience at Cisco, about the factors that create good customer experience – and...
      Read more
      Big Data and Analytics

      GoodData CEO Roman Stanek on Business Intelligence...

      James Maguire - May 4, 2022 0
      I spoke with Roman Stanek, CEO of GoodData, about business intelligence, data as a service, and the frustration that many executives have with data...
      Read more
      Logo

      eWeek has the latest technology news and analysis, buying guides, and product reviews for IT professionals and technology buyers. The site’s focus is on innovative solutions and covering in-depth technical content. eWeek stays on the cutting edge of technology news and IT trends through interviews and expert analysis. Gain insight from top innovators and thought leaders in the fields of IT, business, enterprise software, startups, and more.

      Facebook
      Linkedin
      RSS
      Twitter
      Youtube

      Advertisers

      Advertise with TechnologyAdvice on eWeek and our other IT-focused platforms.

      Advertise with Us

      Menu

      • About eWeek
      • Subscribe to our Newsletter
      • Latest News

      Our Brands

      • Privacy Policy
      • Terms
      • About
      • Contact
      • Advertise
      • Sitemap
      • California – Do Not Sell My Information

      Property of TechnologyAdvice.
      © 2022 TechnologyAdvice. All Rights Reserved

      Advertiser Disclosure: Some of the products that appear on this site are from companies from which TechnologyAdvice receives compensation. This compensation may impact how and where products appear on this site including, for example, the order in which they appear. TechnologyAdvice does not include all companies or all types of products available in the marketplace.

      ×