Spyware
Spyware crosses the line between legal and illegal acts. This type of software is very intrusive and stealthy. A variety of software products are building in functionality that installs unwanted and unknown software on your system, piggybacking on other software installations and sending out information to the company about you and your system that you might not want divulged. These products also are often used to download advertisements to your computer. The only way to find out that the software's there is when it starts making changes to your system settings, sending out traffic from your system that you can notice, or opening an Internet connection for its own purposes.
Spyware is an offshoot of adware, which is freeware that embeds ads into free programs, thereby generating revenue through advertisements and links to the company placing the ad. Adware programs usually have a free version with ads and a paid version without ads. Spyware is synonymous with its name: It masks itself as freeware or adware but has an alternative purpose, which is usually to track users' activities and monitor their actions. This type of activity is unwanted by just about all consumers, but no laws strictly prohibit this type of activity. Several lawsuits have been brought against spyware companies; one such case was a lawsuit against Radiate, which made spyware. The company settled a case in February 2001 that said it was using its software to collect demographic data and monitor viewing preferences without consumer knowledge. One bill in front of Congress addresses spyware—the Spyware Control and Privacy Protection Act, which would provide for the disclosure of the collection of information through computer software. This act would essentially make spyware illegal, but it has not been passed yet.
One other major problem with spyware is the removal process. Spyware does not enable the user to easily remove it. Just detecting it can be a problem is if it masks itself with the running of another program. Several products on the market, such as adware, can detect some spyware products and help in their removal. Two other products that can help clean up spyware are the following:
XCleaner— A simple-to-use anti-spyware and privacy enhancement tool. No installation is required; you simply click and it starts. Users can check boxes to allow control of cleaning functions and spy software detection services. XCleaner clears temporary files, caches, cookies, and many other user artifacts.
Spyblocker— Many Web sites have ads that are distracting and a drain on bandwidth. Some sites send cookies and other files to your computer. Still others acquire information about you, your machine, and your browsing habits by using single-pixel Web bugs and other methods. Spyblocker is one of the many programs that can block such activity from occurring. It can stop pop-up ads and cookie activity and keep some of your browsing habits from being sent out from your machine.
Another method of checking for spyware is by using Windows Task Manager to see which processes are running. In Windows 9x and Me, this can be done by pressing Ctrl+Alt+Tab. In Windows 2000 or NT, pressing these keys and then selecting Task Manager shows which applications and processes are running (see Figure 5.2). The problem you face is knowing which of these programs is valid and which is invalid. The blocking software can stop some hidden programs from running, but you must get to know your computer to understand what should and should not be running, which is a difficult process.
Figure 5.2. Windows 2000 Task Manager.
Spyware could potentially violate the Federal Trade Commission Act because it collects personal information and misrepresents its practices to the public. This applies to companies that collect information online or offline. The government has already taken steps to limit how companies can collect information without consumer knowledge with laws such as the Children' Online Privacy Protection Act (COPPA) and the Gramm-Leach-Bliley (GLB) Act. The problem, as we mentioned in earlier chapters, is enforcement of these laws. With millions of site available in the U.S. and around the world, it will be a great challenge to track use and enforce the laws. Part of the responsibilities of the FTC in the U.S. is to prohibit unfair and deceptive acts and practices in all industries, and Internet use falls under this jurisdiction.