SecurityFocus’s Mark Rasch has written an article that talks about the legality of removing “Spyware” from users computers without first determining if it is part of a program that they downloaded and which they agreed should install the Spyware in question. It makes fascinating reading and could foreshadow future lawsuits. Basically what it comes down to, is if you download an “adware” program off the net, and while installing it you click “I agree” to the license agreement, and that agreement happens to contain clauses that state you agree to have specific Spyware installed or that you agree to a certain amount of monitoring, is it legal to use an anti Spyware program to cancel your side of the agreement by deleting the Spyware component? The problem is made worse by indistinct and ever changing definitions of Adware and Spyware. In it’s simplest terms, most agree that Spyware is any software that does something they don’t tell you about, but most companies accused of being Spyware providers have different opinions on the subject and there is not yet any industry wide consensus, (Though the US government is making progress defining the legality of it.) Anybody that values their privacy online should read Mark’s column to get an idea of how serious the problem really is.
