[vox] [fwd] new Spyware Legislation

[Bill Kendrick]

----- Forwarded message from Sphinx -----

Date: Tue, 26 Apr 2005 17:07:08 -0700
From: Sphinx
Subject: [Lug-nuts] new Spyware Legislation

I have to wonder what constitutes authorization, would unpacking and running a 
program or clicking an ok box enough? Signed in triplicate and filed to 
protect you from the legion suing for not explaining it so a rock could 
understand? Who woud have the burden of proof and even worse the burden of 
educating the people who endlessly download and click on everything. Would it 
be my job as the software developer to prevent them from installing my 
software without understanding in full its implications and applications? 
This smacks of helmet law style outlawing scissors because idiots run with 
them. I express myself and implement my ideas and artistic visions in 
software and this interferes with my right to free expression by distributing 
and installing software on the computers of others so they may view them.  
Spend a lifetime making software install itself and then you propose to 
outlaw and crush all innovation because of a few abusers.
But on the other hand jailing a big provider for their demo toasting my 
network stack after my nephew clicked blindly with some commercial 
educational software install does have unlimited appeal.
One mans spyware is another mans enterprise management.

I urge you to voice a loud NO on software legislation of any kind. 
Particularly with badly written vague references like, "through usual program 
removal functions", that attempt to define what's, "normal", "good", or, 
"right", behavior for a computer or any creative media with an infinite 
variety of applications far beyond your imagination or microscopic vision for 
you will surely cripple and kill computing, not advance it.

------------------------------------------

Date: Tue, 26 Apr 2005 15:47:24 -0700
From: "U.S. Senator Barbara Boxer" <BulletinFeedback at boxer.senate.gov>
To: linus@<...>

I thought you would be interested in the following message.
        
===================================================


Dear Friend:

If you have used a personal computer connected to the Internet,
you have probably dealt with “spyware.”  Spyware is any
software that covertly gathers information through the user's
Internet connection without his or her knowledge, usually for
advertising purposes.  Once installed, the spyware monitors
user activity on the Internet and transmits the information in
the background to someone else.  Spyware can also gather
information about e-mail addresses and even passwords and
credit card numbers.  It can also significantly hamper the
performance of a personal computer.

Spyware is a malicious marketing tool that often does damage to
the performance and security of personal computers.  Americans
who use and work with the Internet every day should not be at
the mercy of those who transmit spyware.   That is why I have
joined in introducing the Spy Block Act, S. 687, in the U.S.
Senate, which would regulate the unauthorized installation of
computer software, and require clear disclosure to computer
users of computer software features that may pose a threat to
user privacy.

The Spy Block Act makes it unlawful for a person to install
software on a computer without the consent of the authorized
operator and prohibits false or misleading representations
about the installation of software that cannot be uninstalled
or disabled through usual program removal functions.  It also
prohibits the installation of unauthorized software that
collects personal information about computer users or the
installation of advertisement software without a means of
identifying the software source.

For computer users, this legislation will provide some relief
to the myriad of problems posed by spyware.  I will be working
with my Senate colleagues to pass this bill to establish a
basis for fair business practices for Internet users.  If you
have any questions about this or any other matter, I encourage
you to contact me.

Sincerely,

Barbara Boxer
United States Senator

===================================================

For more information on Senator Boxer's record and other
information, please go to: http://www.boxer.senate.gov

If you would like to make a comment regarding this or any other
federal matter, please feel free to do so at:
http://www.boxer.senate.gov/contact/webform.cfm

If this message reached you in error, or if you would like to
cancel your subscription, please reply to this message with
unsubscribe in the subject line.

-------------------------------------------------------

----- End forwarded message -----

-- 
-bill!
bill at newbreedsoftware.com      Tonight's Forecast: Dark. Continued darkness
http://newbreedsoftware.com/   until widely scattered light in the morning.