Computer Spyware

I'm getting a lot of calls and e-mails about my computer spyware bill (2 HB 104). Last year's bill (the first anti-spyware law in the nation -- or world, I think) addressed data mining -- requiring notice and consent. That was a big chunk to bite off, since most of the computing and Internet world mines a lot of data. This year's bill (which should be signed in St. George on March 17th) more-narrowly addresses adware; it prohibits downloading software onto a user's computer, if that software will use a trademark or URL of a website being viewed to trigger a pop-up advertisement; this is to be contrasted with a pop-up sent by the site being viewed itself -- which is the price of admission (and is easily blocked by Google toolbar).

Though this year's bill does not address trojans, keyloggers or other types of spyware, I think it should have great benefit. Far and away, the most bothersome type of spyware is adware. As I testified before the FTC last year, adware companies are engaged in an arms-race with consumers -- dumping adware on unsuspecting consumers faster than they can educate themselves about it or remove it. At that time, WhenU.com -- one of the leading adware companies -- had dumped 100 million copies of its software on consumer's computers, and 80 million copies had been removed. Though WhenU attempted to use this data to show that its products were easily removable (as my legislation required), it spoke more to the unwanted nature of the product.

While adware is a problem standing on its own (slowing down computers, frustrating users, and injuring e-commerce), it also invites other problems through its recklessness with users' security. Because the adware is designed to receive updated advertisements, it opens portals to users' computers, thereby making the users' computers vulnerable to all sorts of invasions. Adware has a significant stream of money behind it; it's not tough to find the big adware companies; therefore, it shouldn't be tough to get them to change their practices to conform to the requirements of 2 HB 104.

While I would guess that spyware companies (e.g., WhenU and Claria) will work to defeat the bill, I would hope that companies being burdened by spyware (like ISPs and computer manufacturers -- for example, Dell testified at the FTC hearing that half its "consumer complaints" are actually spyware complaints) will help advocate in favor of the bill.