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Pressing Questions of the Information Age: 24 Feb 2005
Stemming the Tide of Spyware: What's Law Got to Do With It?
US personal computer users are being inundated with spyware. Public awareness of the problem is giving rise to demands that something be done to stop it. Many are calling for law reform, and some states have already passed new laws. Before rushing to enact new laws, it is important to inquire: Do existing laws provide law enforcement, regulators and computer uses with adequate tools to fight spyware? If not, can this problem even be addressed by law reform, or does technology provide the only meaningful means of reducing the problem? This presentation will provide an overview of the technologies that have been labeled "spyware" in different contexts and review the US law that might be used by law enforcement, regulators or computer users who want to stop the distribution of those technologies. In addition, current law reform strategies targeting spyware will also be considered in order to evaluate the effectiveness of legal institutions generally in resolving computer security problems of this type. |
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