Gaining unauthorized access to a computer is illegal, under computer crime laws such as the United States Computer Fraud and Abuse Act. Since the owners of computers infected with spyware generally claim that they never authorized the installation, a prima facie reading would suggest that the promulgation of spyware would count as a criminal act. Law enforcement has often pursued the authors of other malware programs, such as viruses. Nonetheless, few prosecutions of writers of spyware have occurred, and many such producers operate openly as aboveboard businesses. Some have, however, faced lawsuits.

Spyware producers primarily argue in defense of the legality of their acts that, contrary to the users’ claims, users do in fact give consent to the installation of their spyware. Spyware that comes bundled with shareware applications may appear, for instance, described in the legalese text of an end-user license agreement (EULA). Many users habitually ignore these purported contracts, but spyware companies such as Claria claim that these demonstrate that users have consented to the installation of their software.

Despite the ubiquity of EULAs and of clickwrap agreements, relatively little case law has resulted from their use. It has been established in most common law jurisdictions that a clickwrap agreements can be a binding contract in certain circumstances. This does not however mean that every clickwrap agreement is a contract or that every term in a clickwrap contract is enforceable. It seems highly likely that many of the purported contract terms presented in clickwrap agreements would be dismissed in most jurisdictions as being contrary to public policy. Many spyware clickwrap agreements appear intentionally ambiguous and excessive in length, with key contract terms made inconspicuous. These are all grounds on which similar agreements have been rejected as contracts of adhesion.

Nor can a contract possibly exist in the case of spyware installed by surreptitious means, such as in a drive-by download where the user receives no opportunity to either agree to or refuse the contract terms.

Some jurisdictions, including the U.S. states of Iowa [1] and Washington [2], have passed laws criminalizing some forms of spyware. Such laws make it illegal for anyone other than the owner or operator of a computer to install software that alters Web-browser settings, monitors keystrokes, or disables computer-security software.

New York Attorney General Eliot Spitzer has pursued spyware companies for fraudulent installation of software. [9] In a suit brought in 2005 by Spitzer, the California firm Intermix Media, Inc. ended up settling by agreeing to pay $7.5 million and to stop distributing spyware. Intermix’s spyware spread via drive-by download, and deliberately installed itself in ways that made it difficult to remove. ^[1]

Another spyware behavior has attracted lawsuits: the replacement of Web advertisements. In June 2002, a number of large Web publishers sued Claria for replacing advertisements, but settled out of court. Other spyware apart from Claria’s also replaces advertisements, thus diverting revenue from the ad-bearing Web site to the spyware author.

One legal issue not yet pursued involves whether courts can hold advertisers responsible for spyware which displays their ads. In many cases, the companies whose advertisements appear in spyware pop-ups do not directly do business with the spyware firm. Rather, the advertised company contracts with an advertising agency, which in turn contracts with an online subcontractor who gets paid by the number of “impressions” or appearances of the advertisement. Some major firms such as Dell Computer and Mercedes-Benz have “fired” advertising agencies which have run their ads in spyware. ^[2]

In a sort of turnabout, a few spyware companies have threatened websites which have posted descriptions of their products. In 2003, Gator (now known as Claria) filed suit against the website PC Pitstop for describing the Gator program as “spyware”. ^[3] PC Pitstop settled, agreeing not to use the word “spyware”, but continues to publish descriptions of the harmful behavior of the Gator/Claria software. [3]

References

1. ↑ Gormley, Michael. “Intermix Media Inc. says it is settling spyware lawsuit with N.Y. attorney general“. Yahoo! News. June 15, 2005.
2. ↑ Gormley, Michael. “Major advertisers caught in spyware net“. Business Week. June 24, 2005.
3. ↑ Festa, Paul. “See you later, anti-Gators?“. News.com. October 22, 2003.

This guide is licensed under the GNU Free Documentation License. It uses material from the Wikipedia.

The most common purpose for spamming is advertising. Goods commonly advertised in spam include pornography, unlicensed computer software, medical products such as Viagra, credit card accounts, and fad products. In part because of the bad reputation (and dubious legal status) which spamming carries, it is chiefly used to carry offers of an ill-reputed or legally questionable nature. Many of the products advertised in spam are fraudulent in nature, such as quack medications and get-rich-quick schemes. Spam is frequently used to advertise scams, such as diploma mills, advance fee fraud, pyramid schemes, stock pump-and-dump schemes, and phishing. It is also often used to advertise pornography without regard to the age of the recipient, or the legality of such material in the recipient’s location.

One of the most common ad spams is the computer software program GAIN. Also known as Gator or Claria or Dashbar, this insidious program hides itself within the active programs running on your computer and will collect information on internet habits. Based on the websites you visit, it will then send you “relevant” advertising at random intervals. Unfortunately, this program is often attached and automatically installed with popular “free” software, such as many P2P filesharing clients. Even removing GAIN from your computer can sometimes prove difficult, as it leaves traces of itself even after uninstallation or removal by third party spyware programs.

Spam has different levels of acceptability in different countries. For example, in Russia spamming is commonly used by many mainstream legitimate businesses, such as travel agencies, printing shops, training centers, real estate agencies, seminar and conference organizers, and even self-employed electricians and garbage collection companies. In fact, the most prominent Russian spammer was American English Center, a language school in Moscow. That spamming sparked a powerful antispam movement by enraging the Deputy Minister of Communications Andrey Korotkov and provoking a wave of counterattacks on the spammer through non-Internet channels, including a massive telephone DDOS (Distributed Denial of Service) attack.

This guide is licensed under the GNU Free Documentation License. It uses material from the Wikipedia.

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The term adware frequently refers to any software which displays advertisements, whether or not it does so with the user’s consent. Programs such as the Eudora mail client display advertisements as an alternative to shareware registration fees. These classify as “adware” in the sense of advertising-supported software, but not as spyware. They do not operate surreptitiously or mislead the user.

Many of the programs frequently classified as spyware function as adware in a different sense: their chief observed behavior consists of displaying advertising. Claria Corporation’s Gator Software and Exact Advertising’s BargainBuddy provide examples of this sort of program. Visited Web sites frequently install Gator on client machines in a surreptitious manner, and it directs revenue to the installing site and to Claria by displaying advertisements to the user. The user experiences a large number of pop-up advertisements.

Other spyware behaviors, such as reporting on websites the user visits, frequently accompany the displaying of advertisements. Monitoring web activity aims at building up a marketing profile on users in order to sell “targeted” advertisement impressions. The prevalence of spyware has cast suspicion upon other programs that track Web browsing, even for statistical or research purposes. Some observers describe the Alexa Toolbar, an Internet Explorer plug-in published by Amazon.com, as spyware (and some anti-spyware programs report it as such) although many users choose to install it.

This guide is licensed under the GNU Free Documentation License. It uses material from the Wikipedia.

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Adware or advertising-supported software is any software package which automatically plays, displays, or downloads advertising material to a computer after the software is installed on it or while the application is being used.

An example of mild adware

Well-known adware programs

• 123 Messenger
• 180 Solutions
  • 180SearchAssistant
  • Zango
• Bonzi Buddy
• ClipGenie
• Comet Cursor
• Cydoor
• Direct Revenue
  • Aurora (adware)
• Ebates MoneyMaker
• Gator
• PornDigger!
• WinFixer
• Hotbar

Links

• Anti-Spyware Coalition
• Spyware / Adware Removal Tutorial – Spyware / Adware Removal Tutorial

This guide is licensed under the GNU Free Documentation License. It uses material from the Wikipedia.