Schwarzenegger signs anti-spyware bill

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Big problem: "Consent" by EULAs

One of the big problems with this type of legislation is that many Spyware programs try to deceptively obtain "consent" by hidden license agreements. The hiding might be in the verbiage of the terms of a larger EULA. As soon as there's some EULA there, the judge is likely going to say that consent was given.

In addition to the many problems of the bill (like finding the target of any lawsuit), the bill also needs to have terms that prohibit assent from installing spyware on an EULA. Any assent to install spyware must be given after prominent notification to the user. If an application requires installation of spyware or adware to run (for example, the application depends on ad revenue) then the user should be forced to install the spyware separately, instead of automatic installation.

Specifically, consent to install spyware cannot be given as part of a license "agreement". A separate assent is always needed for installation of programs that access the network without the user's knowledge, record user's input/keystrokes, and so on.

Lastly, make sure that the terms of the bill cannot be voluntarily relinquished by anyone. This prevents someone from writing a contract that says, "End User declares that his rights under the Anti-Spyware act are voluntarily relinquished. End User promises never to assert any of his rights under the act."

Still, it is a step in the right direction, even if a feeble step.

Posted by: Root User   Posted on: 09/29/04 You are currently: a Guest | Members login | Terms of Use

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