What do you think the legal ramifications of this are?

[JB73]

http://news.yahoo.com/s/nm/tech_spyware_dc

U.S. House votes to outlaw computer spyware

WASHINGTON (Reuters) - The U.S. House of Representatives on Monday voted to establish new penalties for purveyors of Internet "spyware" that disables users' computers and secretly monitors their activities.


By overwhelming majorities, the House passed two bills that stiffen jail sentences and establish multimillion-dollar fines for those who use secret surveillance programs to steal credit-card numbers, sell software or commit other crimes.

Spyware has emerged as a major headache for computer users over the last several years.

It can sap computing power, crash machines and bury users under a blizzard of unwanted ads. Scam artists use spyware to capture passwords, account numbers and other sensitive data.

Spyware can end up on users' computers through a virus or when they download games or other free programs off the Internet.

"Consumers have a right to know and have a right to decide who has access to their highly personal information that spyware can collect," said California Republican Rep. Mary Bono (news, bio, voting record), who sponsored one of the bills.

The bills prohibit a number of practices often associated with spyware, such as reprograming the start page on a user's Web browser, logging keystrokes to capture passwords and other sensitive data, or launching pop-up ads that can't be closed without shutting down the computer.

The practice known as "phishing" -- in which scam artists pose as banks or other businesses in an attempt to trick consumers into divulging account information -- would also be outlawed.

The House voted 395 to 1 to impose jail sentences of up to 2 years. Violators could face fines up to $3 million per incident. Those who use spyware to commit other crimes, such as identity theft, could have an additional 5 years tacked on to their sentences.

Both bills passed the House last year but the Senate adjourned before taking action. Similar legislation has been introduced in the Senate this year.

Most spyware practices are already illegal under deceptive-business laws but federal and state law enforcers have only sued two spyware purveyors so far, one expert said.

"We know that there are literally hundreds of these cases out there. Unless there's a push for enforcement, passing a new law is really only going to help after the fact," said Ari Schwartz, associate director at the Center for Democracy and Technology, a consumer-advocacy group.

The bill gives the     Justice Department an additional $10 million per year through 2009 to fight spyware

if ti truly is illegal, do you think sites which have it will be prosocuted? if so, you think some of the nastier stuff will go away?

i'd kind of think alot of the more mainstream sites that have things like gain popping up trying to install stuff will shy away from it for fear of legal ramifications.

personally i have never had a piece of spyware on my PC (that has been found by adaware, spybot, ms anti spyware) so it is not a huge concern for me. i know how to keep my PC clean.

i do however know others who have had a TON of problems (mostly from going to web sites they know they shouldn't go to) the resetting the homepage being illegal thing is huge i think. that's the kind of stuff that really messes with the casual user who doesn't know what happened.

[Elfie]

My wife downloaded (and installed) a program on MY computer that was just loaded with spyware crap. The proggie she dl'd was advertised as stationary, smilies etc for emails.

[Skuzzy]

They can make anything illegal, but getting the persons prosecuted will be a different matter entirely.

Remember, there is no law which actually forces law enforcement officials to actually enforce the law.  I had a personal taste of this and it was an enlightening experience.  

Seems the FBI was not interested as they would have had to get the state prosecutor involved, and the state prosecutor was not interested as he felt there was not enough media attention involved.

You will find the same thing happening in these cases.

[Shamus]

Most spyware practices are already illegal under deceptive-business laws but federal and state law enforcers have only sued two spyware purveyors so far, one expert said.

If you can believe the above, I would ask why the new law?

shamus

[DREDIOCK]

Originally posted by Skuzzy
They can make anything illegal, but getting the persons prosecuted will be a different matter entirely.

Remember, there is no law which actually forces law enforcement officials to actually enforce the law.  I had a personal taste of this and it was an enlightening experience.  
 

And that is exactly why many of these "feel good laws" as I call them Gun control, Homeland security and a host of others are exactly that "Feel good" laws.
because thats all they do is make the public and the polititions feel good about passing them and nothing more.

New thing in this state a couple towns are doing is an anti pediphile law that makes it illegal for a convicted pedophile to move to and live within something like 2,000 feet from a school.

Great idea! Makes the public feel good and earns points for the polititions who got the law passed

Course it doesnt stop the child molester from traveling 2,001 feet to get to the kids.

I also seem to remember hearing that 911 would never have taken place had they just enforced the laws that were already in place.

The problem isnt  in the lack of laws but rather the lack of enforcing already existing laws

[Hangtime]

^^^^^^^^^^^^^^^^^^^^

nailed it.

[ASTAC]

I agree...hell even that do not call list doesn't really stop the calls. Because no one is really enforcing it.

Even if they wanted to enforce anti-spyware laws it would be near impossible based on the geography of the internet.

No-spam laws haven't stopped any spam except for that one guy they caught just to make an example.

[somespam]

It is great that we have these types of laws and whom ever said we should be enforcing the existying laws hit it on the head.  The problem as i see it is that these laws are for us in the good 'ol US of A.  How do you combat those in other countries with our law?

[DREDIOCK]

Originally posted by ASTAC
I agree...hell even that do not call list doesn't really stop the calls. Because no one is really enforcing it.

Cant say I totally agree.
I know I have experienced a Dramatic reduction in the calls I get. from solicitors
Calls from say your credit card Co are still allowed (Amazing how much debt. they are willing to try to get you into)

Also it doesn't stop calls from charitable organizations and there sure are ALOT of them
PBA, cystic fibrosis, Cancer, etc., etc., etcand many of them just wont take no for an answer.
 Some cancer fund kept calling and calling. I kept telling them no but they kept calling anyway. almost on a daily basis.
Finally one guy called and I went totally off on him he finally said "The reason they keep calling is because you keep saying no. Make a donation and they will stop calling"
At that point I lost it and made some very derogatory remarks towards him. his company and his mother. Finally HE got made and said "I can find out where you live and come down there and beat your A--"

I responded with "Oh please PLEASE come to my house! PRETTY PLEASE Im BEGGING you to come here. I would just LOVE for one of you to come knocking on my door"

He hung up and I never heard form them again