Hole in Anti-Spyware Plan

By Jimmy Daniels
Contributing Writer, RealTechNews

A hole in proposed legislation aimed at stopping spyware, could actually give them an advantage instead, showing how hard it is to contain and stop the growing problems created by spyware, their distributors, and the makers of spyware and adware, such as 180solutions.

The issue of spyware and adware is a big concern with consumers and the businesses trying to reach them. A study by America Online and the National Cyber Security Alliance found that 60 percent of home computers have some kind of spyware on them. The Pew Internet & American Life survey last year found that nine out of 10 Internet users have changed their online behavior out of fear of spyware.

“People are becoming less trusting of the Internet because of spyware,” says Ari Schwartz, deputy director of the Center for Democracy and Technology in Washington, D.C. “We are finding that it is affecting business.”

Bills in both houses of Congress would allow mass marketers to sue anti-spyware companies for stopping their spyware — the very point of the legislation.

The House bill gives anti-spyware makers a safe harbor from lawsuits by mass marketers in federal court, but it wouldn’t prevent lawsuits in state courts. The Senate bill has no safe harbor, or Good Samaritan clause, at all.Source: MSN.

We Say: Of course it is affecting business, if you get a machine with more than one piece of adware or spyware on it, then you will be getting multiple popups and redirects as these companies try to take credit for getting you to the point of sale, something that has been proven time and time again they do not do. These programs pilfer money by claiming credit for sales that merchants would have received anyway, for the most part. The only time they could probably claim credit is in a case where the user lands on a website like Orbitz and is delivered a popup for a competing company, say Travelocity, which would be the same as people from Kmart standing in the doorway to Wal-Mart asking you what you are looking for and handing you a flier about the item. This whole “business” is causing consumers “in the know” to fear the internet and what could happen to them if they whip out their credit card, and is even more dangerous for those who don’t have a clue. Whatever is decided needs to be iron clad and EVERY piece of software needs a clear and easy to read EULA, the consumer is the one who needs to be in control of their pc, not spyware companies.