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United States Privacy

FTC Officials Wary of Spyware Measures 242

Nofsck Ingcloo writes "News.com is reporting thusly: 'Two Federal Trade Commission officials ignited a political firestorm on Thursday by criticizing proposed laws targeting spyware and suggesting that the measures might harm legitimate software products, too.' During an appearance before a House of Representatives panel, FTC Commissioner Mozelle Thompson said the measures were the wrong approach to spyware and adware. Basically he is advocating a 'don't throw the baby out with the bath water' approach."
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FTC Officials Wary of Spyware Measures

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  • Wonder how much... (Score:5, Insightful)

    by Zondar ( 32904 ) on Friday April 30, 2004 @08:07AM (#9017281)
    he gets from these so-called "software companies" in contributions?
    • by sohojim ( 676510 ) on Friday April 30, 2004 @08:18AM (#9017338) Homepage
      Actually, FTC Commissioners are appointed, not elected, according to this page:

      http://www.ftc.gov/bios/commissioners.htm

      I don't think government employees can accept "contributions" from companies -- granted, that's just for "over the table" contributions.

      What's funny is that the Trade Commissioner listed after Mozelle on this page is named "Orson Swindle."

      • by thrillseeker ( 518224 ) on Friday April 30, 2004 @08:25AM (#9017370)
        I don't think government employees can accept "contributions" from companies -- granted, that's just for "over the table" contributions.

        What's funny is that the Trade Commissioner listed after Mozelle on this page is named "Orson Swindle."

        Orson Swindle spent six years being tortured by the North Vietnamese in a Hanoi prison. He came back from that without breaking and with his honor intact - I suspect he's a little beyond being bribed than the average whining slashdotter could even understand.

        • by Anonymous Coward
          The perfect time to cheat is when you are beyond reproach.

          However, I do feel that the end result of combatting spyware is going to be more control for the government of the United States.
        • Geez, lighten up (Score:3, Insightful)

          by sczimme ( 603413 )

          It was a simple - and amusing - idea that an FTC commissioner would be named 'Swindle' - nomen erat omen and all that. It was not an ad hominem attack or an attempt to assassinate Mr. Swindle's character.

          (603413 Posties - now with 100% of your recommended daily allowance of Latin!)
        • by Anonymous Coward on Friday April 30, 2004 @10:24AM (#9018366)
          First the average whining slashdotter above was making a joke based on his name.

          Second honor in one scenario doesn't mean honor it all. I know nothing of Mr. Swindle so I assume he's an okay guy until he proves otherwise (which is unlikely since I'm unlikely to ever meet the man and he's unlikely to ever be in a high level scandle that makes CNN) but the thing that irritates me is the assumption that he's stand up because of an event 30+ years in the past. Yes he did good, yes he was honorable, yes it was important...no it was not the sole act by which he should always be judged from now on. I appreciate Mr. Swindle's service to this country and I thank him for his honor in a time of emense hardship and torment but that does not make him above questions or reproach should he be involved in something shady.

          Honor and honesty are life long pursuits and those that don't see that (i.e. cops who cover up for other cops, soldiers who hide war crimes because of justifications of brotherhood, preachers who betray financial trusts in the name of God, and in general any of the any means necessary causes out there, et. al.) are the enablers of corruption in our society.

          That said again I'm pretty sure the slashdotter was making a lame joke based on his name...get a life and see if someone can't remove that chip from your sholder.
        • All of the accounts I've heard from former Vietnam POWs say that everyone broke evetually. Those that didn't break were probably tortured to death and we don't have their accounts. So if he's claiming that they never broke him, in the absence of any 3rd party evidence, then his credibility has already taken a nose dive in my mind. Moreover, if he's equating not breaking with retaining his honor, that's even worse, and is an insult to all the other men who went through hell for years on end.
      • As much as even I vicerally hate spyware/viruses and spam, you can not solve the problem by banning it without throwing the baby out with the bathwater.

        Spammers will always be able to set up shop in a failed state with no police, write a virus/worm that sets up spam zombies and fire away.

        As far as spyware goes, if it's in the Eula, then it's not the government's business to stop it. If Eula legalese ofusticates the existance of bundled spyware, then consumers will have to learn which 'brand names' put ou

        • by budgenator ( 254554 ) on Friday April 30, 2004 @11:59AM (#9019398) Journal
          I had an oppertunity to drive one of our state representatives around for a weekend. And one of the things that I came to understand is how incredably difficult it is to write legislation, that does what it is supposed to, only does what it is supposed to, is applied by procesecutor's that are too zealous and too lax and is not ripped appart by judges that are too conservative, liberal or senile.

          It's kinda like writing a program that has to be bug-free on release, the spec's change constantly and the whole QA department is at a seminar the last week of production.

          Slow and careful can be good, it's not like there isn't good antispyware software out there for free. Personaly I use Spybot S&D it's free as in beer, no cost, exceptS donations. You can find them at www.safer-networking.org [safer-networking.org].
    • by Lumpy ( 12016 ) on Friday April 30, 2004 @08:25AM (#9017368) Homepage
      he gets from these so-called "software companies" in contributions?

      I dont think it is that, I am almost 100% sure it's just that these decision makers are incompetent in understanding what is actually being talked about.

      These are men and women that dont understand a computer one tiny bit to begin with let alone the concept of a software program installed that does things secretly behind the scenes that you are not told about.

      It's either someone in their staff is not accurately explaining to the leaders what the spyware really does, or this is a glaring example that the people being chosen to lead this country are in reality horribly underqualified to do the job they were selected to do.

      I am betting all my money of the latter.
      • by B'Trey ( 111263 ) on Friday April 30, 2004 @08:41AM (#9017449)
        We know that lawmakers are incompetent when it comes to understanding technology. We know that when they try to write legislation controlling technology, it's almost always a bad thing. (I say "almost" but right now, I can't think of a single counter example.) We are all aware of the purported intent of the DMCA. Whether or not you support that stated intent, we're all aware that it goes much further than that - that it threatens legitimate research into encryption, that it's used by large corporations to browbeat small companies and individuals into submission, and that it's simply a Bad Thing, regardless of the intent.

        So someone stands up and says "You know, Congress doesn't have much of a track record in writing technical legislation. The intent of anti-spyware legislation might be good, but I'm not sure that the actual legislation as written will accomplish the intent and it might actually have some far reaching implications that go well beyond the intent. Lets make sure that what we pass into law is the right way to do this." Why is it that that guy's a bad guy who's being accused of being a bribed shill for corporate interests?

        I don't like spam, I don't like spyware, I don't like trojans or worms or viruses. But I dislike Congress' meddling in these affairs even more - they almost always bungle the attempt and cause more harm than they do good; often they cause more harm than the problem they're trying to fix. Law isn't the solution to technical issues. Let's leave the clueless lawmakers out of it.
      • by AdrainB ( 694313 )
        The best way for them to understand it is to tell them that spyware does what the government needs a warrant to do.
  • Chuck it (Score:5, Insightful)

    by nycsubway ( 79012 ) on Friday April 30, 2004 @08:10AM (#9017293) Homepage
    Heave the "baby" out with the bathwater. Spyware is called spyware because of what it is. There's no mistaking a legitimate program that user chooses to install. In my opinion, if the user knows its being installed than its not spyware. If the user doesn't fully know whats being installed than it is spyware, and that type of software should be chucked out with the bathwater.

    • Re:Chuck it (Score:5, Insightful)

      by mi ( 197448 ) <slashdot-2017q4@virtual-estates.net> on Friday April 30, 2004 @08:14AM (#9017316) Homepage Journal
      Will you mother know about the bug-reporting part of Mozilla, when she chooses the "complete install" -- on your insistence, she does not use IE?
      • Re:Chuck it (Score:5, Informative)

        by grahammm ( 9083 ) * <graham@gmurray.org.uk> on Friday April 30, 2004 @08:25AM (#9017367)
        Yes, but the bug reporting in Mozilla asks your permission before it sends any data. Also it allows you to preview what it is going to send
        • I meant to point out, how difficult differentiating is. The original poster tried with:
          If the user doesn't fully know whats being installed than it is spyware, and that type of software should be chucked out with the bathwater.

          Mozilla's feedback agent (and, perhaps, some other modules), while certainly NOT spyware, fits her/his definition...

          • -----
            Mozilla's feedback agent (and, perhaps, some other modules), while certainly NOT spyware
            -----
            I disagree.

            The feedback agent can be hijacked by malicious java and Flash working together. It can be used to execute arbitrary code but, more easily, can be used to establish seemingly normal http connections and use your browser as a proxy for people who know that your browser has been compromised. The exploit is small enough to be easily hidden in banner ads.

            We have not formally released this security vu
      • Wait a minute! The Quality Feedback Agent is not hidden from view during a "custom install" with your usual optional brief mention at the bottom of some EULA or something like that.

        It's a legitimate and non-silent (unlike spyware) component of the Mozilla Suite. If you choose "complete install" (in any application) it means everything!

        z
      • Re:Chuck it (Score:3, Interesting)

        by Greyfox ( 87712 )
        Will she understand it when some asshole [winupdate.net] (no that's NOT Microsoft) crashes her computer, installs a trojan and then tries to scam her for money because she couldn't be bothered to worry about basic security? I recently saw this site "advertized" via the Windows Messenger Service on the computer of a user who thought it was odd that someone should be asking for money for a patch and came and asked me about it. This user previously could not be bothered to worry about security at all, now she's at least willi
        • by budgenator ( 254554 ) on Friday April 30, 2004 @12:21PM (#9019651) Journal
          Windows Messenger Service! What in the hell was Microsoft thinking when they allowed routable IP's to connect to Windows Messenger Service by default.

          Seems like every time I thought I had it turned off, some damned windows update would turn it back on. Microsoft must have been paid off by spammers worried they couldn't use Email anymore, makes more sense than they're just that stupid.

          Finaly bought a linksys router (which runs on Linux) to make the messenager spam go away for good.
    • Re:Chuck it (Score:5, Insightful)

      by jafomatic ( 738417 ) on Friday April 30, 2004 @08:14AM (#9017320) Homepage
      If the user doesn't fully know whats being installed than it is spyware

      And how exactly do you propose to verify this beyond a doubt? Consider the old RealPlayer, which some of us were willing to install that first time, that required non-beginner knowledge to fully remove.

      You and I may know what we're installing, and we might also consider it pretty stupid-easy to go edit out the thing's entries from our windows registry, but that doesn't mean your below-average-or-average user will comprehend this. Those are exactly the people who are most affected by spyware.

      The rest of us already know how it got there and how to get rid of it.
      • I've installed the Google toolbar on a couple of machines. Functionally it is similar to some spyware, but all the information is disclosed upfront, it is possible to remove it, and there is nothing untoward going on.

        Other, similar programs misstate, or mislead, even if they offer similar functionality.

        I would not consider Google toolbar to be spy-ware, and would hate to see an ignorant user install it, then claim 6 months later they didn't know what it was doing and sue them for installing spyware.
      • Re:Chuck it (Score:5, Interesting)

        by WCMI92 ( 592436 ) on Friday April 30, 2004 @08:54AM (#9017509) Homepage
        Some sensible regulations:

        1. ALL seperate programs not fully integrated into the main program have to have a seperate EULA.

        2. Software must come with an uninstaller that completely removes ALL elements packaged with the program.

        3. "Phone Home" spyware must include in the EULA a list of exactly WHAT data it sends, and what protocals and ports it uses to do it.

        4. Spyware makers MUST have provisions to comply with COPPA, and not collect information on persons under 13 (the killer nuke regulation, one Gator can't possibly comply with, but one they could be prosecuted for RIGHT NOW)...
        • Re:Chuck it (Score:3, Insightful)

          This is Congress we are talking about. Do you really expect them to come up with a law that tells people what kind of software they can distribute, without doing something INCREDIBLY stupid???

          My apologies to the few (such as Al Gore) who though they may not have invented the internet, have been well-informed about technology. However, most of them are incapable of NOT screwing up this type of legislation.

          You really want the government to tell you what kind of software you can write?

          Maybe they should

      • Actually no. I do not know how it got there, nor do I know how to get rid of it.

        However, after several hours of research I can figure it out.

        This affects even us in The Know.
    • Re:Chuck it (Score:5, Insightful)

      by platypussrex ( 594064 ) on Friday April 30, 2004 @08:16AM (#9017324)
      The article quotes the FTC guy as saying that if Spyware laws were implemented, then every time one did an install of something such as Office there would be hundreds of "helper" programs that would need permission, or warning, or whatever.

      I can see his point... if the user is asked for a blanket permission at the start of the install then it negates the purpose of asking permission for the spyware components but if each individual program asks permission, it would take all day.

      So what's the solution?
      • Re:Chuck it (Score:5, Insightful)

        by Mr Guy ( 547690 ) on Friday April 30, 2004 @08:27AM (#9017380) Journal
        No one seems to mind the checkboxes that already come when installing massive multicomponent programs such as Windows or Linux to begin with. You know the ones, they have tree hierarchies and let you select the features you want and not to select the features you don't.

        Solving the problem for MOST legitimate software is as simple as requiring any software by a third party to have it's own checkbox and explanation of what that software does. Require a set of privacy keywords that is legally enforcable in those explanations. For example, a legal description for Gator may contain three keywords words: ADVERTISEMENT POPUP PHONEHOME. They could define as many keywords as the public wants, performing a "spyware function" without notifying via the keyword would trigger heavy fines. Requiring a link to a privacy policy wouldn't be a bad idea, assuming that policy had any legal weight to it.

        • Exactly. The problem isn't that there's the option to install these things. The problem is that they insist on being installed, and try to sneak back in if you find some way to remove them. Or, even worse. provide you with the option but reset it as part of some other, innocuous-looking option later in the setup program. I don't think anyone would object to "spyware" if they really could choose to install it and it was open about what it did.

          But the spyware scum rely on the user NOT knowing that its being

        • "assuming that policy had any legal weight to it"

          And wasn't just a page of "hahahahahhaaaa!"s.

      • Re:Chuck it (Score:2, Interesting)

        by 91degrees ( 207121 )
        They can go for more generic terms, such as "applications that do not substantially affect the primary purpose of the software" or something like that. Or possibly just include all applications provided by a third party, or all applications intended primarily for advertising.
      • Re:Chuck it (Score:3, Interesting)

        by scruffy ( 29773 )
        There shouldn't be "hundreds" of programs in Office potentially sending out your info over the Internet. Each and every one of them is a security hole. Have we learned nothing yet about secure software?
      • Presumably, it's the same as with every other form of legistation, where the grey areas get defined by test cases and precedent. It's the precedents, rather than the laws themselves that tend to take up most of a lawyer's research in a typical case (IANAL - but my wife used to be).
      • Programs that take all day to install won't be installed. Successful applications will have one installer and a usable, understandable install script. Products that install hundreds of programs that have no perceived value will fail, as they should.
      • Re:Chuck it (Score:3, Insightful)

        by tabdelgawad ( 590061 )
        The solution is simple: keep the government out of it. And I don't say that on libertarian grounds, but on practical ones.

        Let me ask this: how many people reading this comment actually have spyware on their computers? How many have spyware on computers they have admin rights to? And how many here couldn't clean out spyware from any PC inside of an hour? I'll guess: None, none, and none.

        The point is this: technological solutions exist already. Why tempt the law of unintended consequences by trying
    • Adobe Photoshop is a legitimate program.

      And I bet most non-geeks don't know that Adobe has implemented various phone-home techniques.

      I'm not saying that Adobe does not have the right to do so, to protect against piracy, I'm just noting that they don't really come out and tell the ignorant.

      >>There's no mistaking a legitimate program that user chooses to install.

      true. but there might be mistaken notion by some that legitimate software won't track you.

      some does.
      • Actually, I'll tell you that they don't have the right.

        Assuming the person who put their product on a machine had the right to do so... that person *does not* automatically have any right to allocate network resources. If Adobe has received consent from a company's NOC provisioning, then fine... phone home all day long. In the general case, however, that won't happen - these phone home actions offer no value to the NOC mission, nor the company... it's an expense that has no purpose (e.g. allocation of ne
      • There's no mistaking a legitimate program that user chooses to install.

      Exactly, while the spyware companies CLAIM that noone every installs their software without knowing about it, we all know the truth behind that claim. The issue with the legislation seems to be one of semantics more than anything, surely they can find a way to word it to only effect ad/spy-ware.

      Since big companies are crying uncle over this, I suppose this tells us what directions they were planning to take with future product up

    • Re:Chuck it (Score:3, Insightful)

      by B'Trey ( 111263 )
      The "baby" in this case, is useful comuting tools.

      Consider a law which prohibits sending any personal information without the owner's express permission. What is personal information? Well, I have an account with Speakeasy which provides me with a static IP. That IP is leased to me and is conceivably traceable to me. It's therefore arugable that any program which is network enabled sends out personal information - my IP address. Do you want to have to personally OK every IP packet that's sent from you
    • by mfh ( 56 )
      > Heave the "baby" out with the bathwater. Spyware is called spyware because of what it is.

      I agree. To me, spyware is anything that has no purpose but to relay private information back to a server. Usually it latches on other software, like a parisite, but everything would work better without it. Personally, I don't care if registration software falls into the spyware definition. If I want to register my software, I'll hit the product website and hand over my info. But that's a waste of time, for me,
    • There's no mistaking a legitimate program that user chooses to install

      You mean like installing Microsoft Products. You want a word processer but don't want a product that phones home with a Globaly Unique Identification that can track you where ever you go. Right... Try installing the software and not installing the spyware. The line gets pretty fine between a useful program and a program that does things in the background. I wouldn't be suprised if even MS had a few things to say on the subject. Th
  • by Maestro4k ( 707634 ) on Friday April 30, 2004 @08:18AM (#9017336) Journal
    From the article:
    • The FTC representatives countered by saying that while they were "outraged" by spyware, a careful approach was necessary. In addition, during an FTC workshop last week, a prosecutor noted that the Justice Department already had sufficient legal authority under existing computer crime laws to put the most noxious spyware makers in prison.
    If this is true then why aren't they? There are certainly several spyware products "noxious" enough to warrant a prosecution. Sounds like a bluff to me.

    While I understand the FTC needs to protect legitimate business interests along with consumer's interests, this is ridiculous. Yes there may be difficulty in wording the bill so that it doesn't hinder legit software, but that's something that can be resolved. Self-regulation sure as hell isn't going to work, the adware and spyware companies have shown little to no restraint in doing whatever they damn well please.

    Don't believe that last sentence? Just check out how they all claim you have to opt-in to their software, that it's never installed without your permission. Then check out the ad/spy-ware infected software installs and see if they warn you about them. I've yet to see a warning when one of the buggers shows up, and I do read the info during my software installs.

    And finally, just try to remove one without a 3rd-party utility, they're nearly impossible to remove. That alone makes them trespassers to me, since you can uninstall them but they're still partially there, cluttering up your hard drive and mucking with your OS.

    • There is a lot of spyware out there that borders on viral behavior. Indeed, I've seen systems harmed more by spyware than viruses...

      Shit like Gator, MyWay Search Bar, Ezula, etc, all behave like viruses, the only difference is that there is a EULA somewhere.
    • The FTC is simply parroting the current administration's pro-business rhetoric and defending any possible "entrepenurial opportunities" against regulation. This, coupled with an ethical zeitgeist that is solely focused on technical definitions of legality and not on philosophical defintions of ethical behavior -- basically, how can I rationalize stealing as OK? -- keeps the FTC from treating MOST basically crooked business behavior for what it is.

      What surprises me is that only the fringe elements of the c
    • Ad-Aware will clean the apps off your computer entirely. It'll scan everywhere they can hide, and quarantine/remove them completely.

      Still, doesn't make 'em right for putting them on our computers in the first place.

  • by eclectro ( 227083 ) on Friday April 30, 2004 @08:20AM (#9017348)
    Basically he is advocating a 'don't throw the baby out with the bath water' approach."

    In this case the baby is green, has 10 eyes, keeps track of your every move, spits in your face with ads, and is guaranteed to wreck your house.

    So you do toss the baby out with the bathwater. Otherwise you have a monster on your hands.

    Some call him Gator
    • FUD ALERT (Score:2, Funny)

      by Mr Guy ( 547690 )
      This is typical privacy nut FUD. For example, Gator only has EIGHT eyes, and he can't possibly keep track of your every move because sometimes he's slowing down your internet connection when he secretly downloads ads, and other times he's busy crashing your computer. Do you really think he can download ads, crash your computer, AND track you all at the same time?

      Yeah I didn't think so tinfoil man.
  • Self-regulation (Score:4, Insightful)

    by Savage-Rabbit ( 308260 ) on Friday April 30, 2004 @08:21AM (#9017354)
    Voulentary Self-Regulation by industry=Popular Republican political strategy. Basically a neat way of pretending to do something while actually ignoring the problem.
    • Voulentary Self-Regulation by industry=Popular Republican political strategy.

      So does it follow that "Involuntary Draconion Legislated Mother-May-I Approach to Life, Under Threat of Imprisonment" is the Democratic mantra?

    • Re:Self-regulation (Score:3, Interesting)

      by 0x0d0a ( 568518 )
      Government regulation to solve a problem that can be solved with a technical solution is no more desireable.

      Blame Microsoft for poor security policy and placing a low priority on keeping the user in control of their system, not on the FTC failing to make a law.

      Almost all other OS vendors have placed a high degree of emphasis on keeping the user in control of their system. Apple forbid software following the HIG to do anything based only on cursor movement, for instance -- the idea is that the user should
  • No baby (Score:5, Insightful)

    by Hi_2k ( 567317 ) on Friday April 30, 2004 @08:22AM (#9017355) Journal
    There's no baby in the bathwater of ActiveX installs. There never was. Who needs software installed directly from the web browser? Legitimate installer programs are easy to come by, and most people who are able to go out and search for the software in the first place are smart enough to get it downloaded and installed.
    There is a problem in preventing "Third party installations" from being included in the installers, as many games and legitimate tools have come to rely on DirectX, Quicktime, and Rad Game tools. But there is no necessity to include them as part of the installer itself. Meerly make a note in the installer that you need to install these utilities too and that they are included on the cd or in a setup directory.
    • Meerly make a note in the installer that you need to install these utilities too and that they are included on the cd or in a setup directory.

      You'll get flamed by people crying out that your idea won't make programs very easy to install, if Joe Average has to decipher messages like "This program requires DirectX 9 or better. Please install DirectX 9 or better before proceeding".

      However, if I may preceed any such responses, I actually like the sound of your idea. Does an operating system really need ton
    • There's no baby in the bathwater of ActiveX installs. There never was. Who needs software installed directly from the web browser? Legitimate installer programs are easy to come by, and most people who are able to go out and search for the software in the first place are smart enough to get it downloaded and installed.

      Let's say that's beyond dispute. But is that really a law you want to have passed -- browser-driven installs will be outlawed; use InstallShield or go to jail?

      Beyond the side effects (what do

    • Re:No baby (Score:4, Interesting)

      by dave420 ( 699308 ) on Friday April 30, 2004 @10:16AM (#9018253)
      Web plugins are the perfect example of legitimate web-borne installs. Flash player? Fine. Install.

      I actually like microsoft's approach in IE - it tells you the signer of the app (if any), and gives you info on who's giving you the software. It lets you know exactly who's trying to install what on your machine. True, 90% of the time it's crap, but 10% of the time it's something genuinely useful.

      Take DirectX out of the install package? Do you know how many calls to their CS that will cause? People are dumb - they don't read install notes (heck - on windows you don't have to). Also, an installer for a game should install the game on your machine, including everything it needs. It should be a two-clicks-and-youre-playing scenario, not a multiple-application approach to installing software. Windows users are used to minimal fuss when installing, and rooting around CDs for software you need to install is pointless (especially when most people will end up running the same apps in the same order, anyway).

      It's false security. Moving DirectX/etc out of the install package just causes people to run them from different locations. If they had spyware in them, they'd still be installed on most computers. All you've succeeded in doing is making the install procedure more complicated and time-consuming. The same amount of machines will be tainted, regardless.

  • Carefull is good.... (Score:3, Interesting)

    by jarich ( 733129 ) on Friday April 30, 2004 @08:23AM (#9017362) Homepage Journal
    I am glad they someone is calling for everyone to be "carefull"... government interference can be a pandora's box of problems....

    On the other hand, the spyware, the automated pop-up programs, etc... these need to outlawed and the "companies" that make money by hijacking information need to be dealt with.

  • Personally i regard spyware and adware the same way i regard rootkits. The machines real users mostly dont know there there, they are using my computing power and bandwidth to provide service to some other person who is using the access to my computer to gather information about me and use this information to target me with traffic i neither like or want, and in some cases, hijack *my* internet services.

    I personally dont particularly like adverts on web pages, but i can see they are needed on some sites
  • As in real life (Score:5, Insightful)

    by Alcoyotl ( 157542 ) on Friday April 30, 2004 @08:25AM (#9017369) Homepage Journal
    We have regulations on what people can and cannot do with private property, why should an online computer be treated differently ? Oh yeah, they flash a so called licence agreement to the user just to be on the safe side of the law, that you dismiss by either clicking yes or no (read the very fine prints). That is unnacceptable. Any program installing on a computer should clearly show how to exit the installation process, and better, unsollicited installs should be banned altogether. I'm talking about thoses occuring when you just load a web page. You never asked to install anything, or never wanted to do so, yet something asks you install it, often in a deceptive manner.

    This shouldn't be too difficult to pass such a law, and legit businesses will adapt very well. As a matter of fact, legit businesses already have adapted : a clear warning or information page with a link to the install program. Plain and simple.
  • by SmurfButcher Bob ( 313810 ) on Friday April 30, 2004 @08:25AM (#9017372) Journal
    *End Users* do not gain any authority by the fact that they can sit at a keyboard.

    Doesn't matter if it's a 12 year old kid at your keyboard in your house, and it doesn't matter if it's a secretary in a 500 person company. Neither of these people have the authority to consent to anything, especially binding agreements (and contracts, which is how the s/w industry would like their EULAs treated).

    All this crap does is legalize social engineering. Think about it.
  • by codepunk ( 167897 ) on Friday April 30, 2004 @08:26AM (#9017373)
    I love spyware, the more machines infested with it the better. Users get fed up with all the pop ups and machine stability problems. I either get money to remove it or it becomes amazingly simple to convince these people try Linux. It also had a dramatic effect on overall TCO of the environment. I work in a mixed environment windows and linux desktops. The windows side takes three to four times the amount of maintenance because the support guys spend at a minimum 70% of their day cleaning machines.
    • I've been seriously considering quitting my job, running some classified ads in the local papers, and working from home doing nothing BUT removing spyware and viruses from home and small office machines...

      Plenty of clients pay my employer $90/hr for me to go do that. I bet I can get $40/hr for it...
    • Then get a decent firewall and set up the permissions on the network properly. If your guys spend 70% of their time cleaning machines, they're not doing their jobs properly.

      We spend 0% of our time cleaning our windows machines, as we control what gets installed on them.

  • Minimum (Score:3, Insightful)

    by moxruby ( 152805 ) on Friday April 30, 2004 @08:26AM (#9017376)
    At the least, there should be a law requiring all installed programs to show up in the "Add/Remove Programs" dialog and actually remove themselves when told to do so...
    • Re:Minimum (Score:3, Interesting)

      Hear hear.
      No more unremoveable spyware...

      ...and as an added bonus, the ability to easily ditch IE and WMP.

  • Separation (Score:3, Insightful)

    by BCW2 ( 168187 ) on Friday April 30, 2004 @08:28AM (#9017386) Journal
    This should be OPT-IN only, just like SPAM should be. It has to clearly state what it is and what it does, ie, it snoops and reports your every move whilr browsing and targets ads at you based on this. It should also be required to ask permission to install.

    Any thing less and it should all be illegal, with large fines and loss of internet connection for that company, for 5 years. If that closes them down, so freakin what!
  • I guess they are scared that this work will get offshored to India also! :)
  • The point here. (Score:5, Insightful)

    by Raven42rac ( 448205 ) on Friday April 30, 2004 @08:36AM (#9017423)
    The point is this: no legitimate software should install something that you don't want, period. Ads I can agree with, people gotta eat, but Spyware is showing complete disdain for your userbase and really insults them. That would be like a car dealer giving you a free car, equipping it with GPS, slowing down the engine, making it run like crap, installing a hidden camera, and then slashing the tires. Spyware companies are not very well known for following the law, so one would hope this does not provide loopholes and ends up legitimizing Spyware, as is happening with SPAM.
  • Protecting Oil (Score:2, Insightful)

    by thpdg ( 519053 )
    Is this any different from lawmakers doing things to protect the auto, oil, media, etc industries? They have an interest, because these companies pay for campaigns. They don't try to force down gas prices, they don't force too many radical automobile innovations, they don't try to keep cable prices down (except for token, known to be worthless, efforts)
    I don't know of any spyware makers big enough to support politics, but who knows. Maybe Time Warner, or GE owns something we don't know about.
    Just a thought.
  • Basically he is advocating a 'don't throw the baby out with the bath water' approach.

    If that baby keeps pooping up in my face so I can't see anything else all the time, why not?

    In all honesty, the FTC should be thinking the other way around. Instead of hiding spyware and forcing pop-ups on innocent web surfers, they should consider finding a less aggressive means of advertising to the general public online... 10 million people don't all want "presciption pills"... Though there are the occasional few,
  • by Zog The Undeniable ( 632031 ) on Friday April 30, 2004 @08:47AM (#9017475)
    About a particularly nasty [wired.com] form of spyware.
    • The CoolWebSearch (CWS) browser hijacking variants are nasty alright! I have just helped someone get rid of one of these.

      It's the first time I've encountered spyware that actually trashes your files. The CWS variant in this case had replaced the Windows Media Player executable with it's own little pet resident trojan. That was new to me. I had to resort to using the CWShredder (contains more info about CWS) [spywareinfo.com] and SpyBot Search & Destroy [safer-networking.org] tools to remove all the cruft left on the system - Ad-aware couldn't

  • by WCMI92 ( 592436 )
    I wonder how much dosh the DMA have been uh, "contributing" to members of the FTC?

    Marketers make me sick.
  • by maximilln ( 654768 ) on Friday April 30, 2004 @08:58AM (#9017547) Homepage Journal
    While the majority of the American public lacks the critical thinking ability to be able to consider the far reaching implications of their actions there are a few people, hopefully in positions with real capability of impact, who can see the problem for what it is. The average American doesn't realize the full power vested in a web browser that integrates tightly with the operating system. Most Americans don't realize what kind of trouble they're getting themselves into when they demand that their web browser be able to directly access their sound card, or their video card, or integrate seamlessly with apps on their system so that everything seems to be running inside the browser window as if the browser _were_ the operating system. These citizens clamor for functionality and then clamor for security. It is possible to have both but the price is in learning or in cost and both of these are unacceptable to the popular citizenry.

    People in general, and Americans in particular, are obsessed with the mantra of "do something". Perhpas it has been beaten into our culture from the WW-I and WW-II era old hardtimers who felt the indignance of being marched off to war and then watch their subsequent generations enjoy profit without the pain of shell-shock or watching best friends get riddled with bullets. Whatever the reason the American society seems to be unable to enter into a state of natural flux--ebb and flow. Instead American society is stuck in a full steam ahead approach to everything. Refinement means nothing and progress means everything. The definition of progress is addition and more addition. The component of progress that involves improvement has been swamped by the "do something" drive to add more.

    Adware and spyware have come about because the operating system and web browser which appeals to the popular citizenry has given them what they want. It has given them more and more and more as they asked. When the problems arose that, in a normal system, would have encouraged refinement and improvement, the users demanded more and more and more. This resulted in EULAs. EULAs made it possible for the software industry to concentrate on giving the users what they want: more. EULAs made it possible for software manufaturers to be free and clear of the necessary refinements and improvements which could have made adware and spyware obsolete before it ever started.

    The approach to this problem is not to pass more laws. That approach does nothing but feed the "do something" attitude which has brought us to the quagmire of today. The approach to this problem is to refine and improve what we have. We need not to add more laws but rather to remove the artificial laws which give umbrella protection to less than optimal designs.
  • Spyware == Viruses (Score:4, Interesting)

    by Stiletto ( 12066 ) on Friday April 30, 2004 @09:08AM (#9017618)

    Shouldn't spyware already be covered by laws against spreading viruses? Spyware is software installed on my machine without my knowing it, and this is exactly what happens when a virus spreads. What's the difference?

    When it's distributed by a business, it's called spyware, and when it's distributed by a 14-year-old, it's a virus. Is this asinine or what?
  • by Anonymous Coward
    All it takes is one death for the Food and Drug Administration to ban ephedra, when many people use it intelligently just fine. Those people don't need "protection"

    In contrast, the FTC doesn't want to protect you because spyware "might hurt good software" Yes, let's leave open the possibility for malware, spam, Windows, etc., to take over your computer, steal your identity, wipe out your bank account, etc. Those things can also "kill" your livelihood, in a sense.

    Bah.
  • hmmmmm..... they think the can just pass a law and stop this stuff. "Honey, I bet if we pass a law I can get this monkey off of my computer! Plus, we gain even MORE control over what people can do with their computers. PERFECT!"

    Maybe these lawmakers should just throw their own computers in prison. A computer is cheaper to maintain in a cell (no need for food, water, and exercise). Plus *POOF*, their problem goes away. No more adware! Hell no more viruses or evil hackers either! Their computer can
  • Double Standards (Score:4, Insightful)

    by Bob9113 ( 14996 ) on Friday April 30, 2004 @10:04AM (#9018115) Homepage
    Basically he is advocating a 'don't throw the baby out with the bath water' approach.

    It's hard not to become cynical about the state of US "democracy" when spyware and spam illicit a "don't throw the baby out with the bathwater" response, but the DMCA slides through congress on a greased fast track.
  • I hate spyware too, but any additional regulations or laws on our industry will mean the industry as a whole have to shell out more money to lawyers. This will be both for the purposes of making sure you are legally not 'spyware', and to litigate the illegitimate civil and/or criminal claims that are likely to arise.

    I hate spyware as much as the next guy, but we can't act like we can regulate and legislate our industry in a vacuum. There's a cost for every law or regulation, and we shouldn't ignore that

  • "FTC Commissioner Mozelle Thompson"


    Was I the only one who read that as "Mozilla Thompson"?

    Yes, apparently, I was...
  • by Ra5pu7in ( 603513 ) <ra5pu7in@gm a i l . com> on Friday April 30, 2004 @12:11PM (#9019549) Journal
    The FTC is off their rocker. What legitimate software out there is unable or unwilling to comply with this legislation? Seems to me that simply notifying the customer of the exact actions of the software and making removal of the software a normal process would be sufficient. When I load software, and it includes components that may contact a website and send information, I want to be told this and EXACTLY what will be sent and choose yes or no to this specifically. A good example is WinAmp. After installation, I was asked to register and decide if I wanted usage information to be sent periodically. Self-correction has never worked with slimy businesses. The good businesses do change so that the distinction is clearer (no good business wants to be seen as slimy). However, the slime won't stop until it is made difficult to impossible for them to proceed.
  • by cryptor3 ( 572787 ) on Friday April 30, 2004 @12:25PM (#9019693) Journal
    Spyware -- software that piggybacks on other software and masquerades itself as something relevant, hoping you won't notice.

    How ironic would it be if the house of reps outlawed spyware, and inadvertently made it illegal to tack "riders" onto House Bills.

    IDNRTFA. 0:-)

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