ControlEngineer - 4:17 am on Jul 14, 2005 (gmt 0)

>> Sometime we will be able to outlaw adware

sure...as soon as you can define "spyware".

Spyware and Adware are two different things. Spyware collects information, either on the users web visiting or getting data from files on a computer and transmitting to another person.

Adware causes pop-up to appear when the victim calls up a web site that has not programmed or authorized the ad to appear.

Both of these have defined in precise legal language for use in statutes. (I don't have copies of the definitions right now, but I have read them). There is no problem with the definition.

Companies such as Claria claim that when the software loaded on victims computers the victims give permission for the data collection or for the pop-up adds. However, the permission is usually in the form of a statement in the End User Licensing Agreement (EULA), typically after a thousand words of text shown in a small scrolled window. Sometimes there is text on a web page saying "We don't do ___" and near the end of the EULA "statements to the contrary in this agreement or other published material notwithstanding, we reserve the right and you specifically grant us permission to ___"

Language has been proposed to prevent this kind of "permission". If fact, similar language exists in other laws. You might notice that in signing certain contracts you have to initial certain important paragraphs.

Writing the law is not a problem. Passing it is. There is big money from some major, well known, companies fighting the bills.