And, like spammers, most companies that distribute spyware insist they offer a useful service that simply alerts potential customers about products they might want to purchase.
They claim they aren't doing anything wrong because everything the software does is spelled out in the End Users License Agreement, which users must initialize before the software is installed.
But EULAs are often so long and complex that many users don't read them closely or fail to understand their meaning.
Mike Healan, who runs SpywareInfo advises users to at least skim EULAs looking for catch phrases like "from time to time," or "we may make your personal information available to our partners and affiliates," and "we will use the information to present you with specials and deals that we believe will interest you."
This sort of language often indicates the software being installed has tracking capabilities.
Legal experts agree that those EULAs probably limit any court action users could take against spyware producers, but also feel that the programs "fly just under the legal radar," according to Harvey Jacobs, an attorney specializing in Internet law.
"Spyware should be illegal," said Jacobs. "It is far worse, in my opinion, than viruses."
He thinks that while spyware would "be a ripe area for class action litigation," it might be difficult to argue such a case in court.
"Actual damages may be difficult to prove," Jacobs explained. "How much is your online privacy worth?"
Putting a price on individual privacy is difficult, but money is the sole
reason that spyware exists.
Many of the major file-trading programs include spyware as a way to recoup
the costs of developing their free file-trading applications. Spyware
distributors pay to have their programs included with file sharing and other
popular applications.
Spyware can also lurk on websites. Programs that offer to install themselves
by way of a pop-up window when you visit a site are often spyware, despite the
fact that the pop-up attests the offered program is a useful utility or
essential for viewing the site properly.
Healan advises users not to click Yes when they are asked whether they want
to download and install an application, unless they have specifically gone to
the site in search of software. Even then, they should make sure they know and
trust the source of the software.
Antivirus software does block the activation of some but not all spyware. A
few companies are beginning to come out with dedicated spyware detection and
removal programs.
But many of the best spyware removal tools are developed by anti-spyware
advocates and are offered at no cost or for a small fee.
SpyBot Search & Destroy identifies
and removes an incredibly
long list (read it and weep) of spyware programs and other nasty little
applications. SpyBot is free.
Lavasoft's renowned Ad
Aware doesn't handle as many issues as Spybot, but is perhaps a bit easier
for Internet newbies to use. Lavasoft offers a free version of the program...
Article source and more: Wired News
