California sets fines for spyware

[emad]

BBC
By Peter Bowes
in Los Angeles

The makers of computer programs that secretly spy on what people do with their home PCs could face hefty fines in California.

From 1 January, a new law is being introduced to protect computer users from software known as spyware.

The legislation, which was approved by Governor Arnold Schwarzenegger, is designed to safeguard people from hackers and help protect their personal information.

Spyware is considered by computer experts to be one of the biggest nuisance and security threats facing PC users in the coming year.

The software buries itself in computers and can collect a wide range of information.
http://news.bbc.co.uk/1/hi/technology/4132143.stm

[sam sarrha]

1. YES YES YES YES YES Finally someone got some GUTS and did somenthing !!!

:headbang: :yourock:

[goforit]

5. Whooo hooo!!!!!!!!!

:bounce:
Goooooooooooo Californya!!!!!!!!!

[Nimrod]

2. It's a start

Unfortunately, 99.976% of these pieces of scumware come from WAY outside that jurisdiction. Again though, it's a start and I'm not going to complain about it.

[cosmicdot]

3. the Senate bill was introduced by Senator Kevin Murray (D), LA

for the record

INTRODUCED BY Senator Murray
(Principal coauthors: Assembly Members Correa and Leslie)
(Coauthor: Senator Romero)
(Coauthors: Assembly Members Aghazarian, Chavez, Shirley Horton,
Jackson, Koretz, Leno, Maze, Nation, Negrete McLeod, Vargas, and Yee)

http://www.leginfo.ca.gov/pub/03-04/bill/sen/sb_1401-1450/sb_1436_bill_20040928_chaptered.html

It is a start ... hopefully, it won't be the last.

fyi - a google found some 'discussion' re the bill/law here at news for nerds:
http://yro.slashdot.org/yro/05/01/01/1430220.shtml?tid=158&tid=98&tid=17

sample comments:

(d) Nothing in this section shall apply to any monitoring of, or interaction with, a subscriber's Internet <...> connection or service, or a protected computer, by a telecommunications carrier, cable operator, computer hardware or software provider, or provider of information service or interactive computer service for <...>

- "Hm, does the whole thing still make sense? (Doesn't the highlighted exception defeat the whole purpose of the bill?)"

- "So ... the software provider is allowed to monitor your private machine and you(r) connection. This does absolutely nothing to stop spyware-riddled software from being sold to unwitting consumers."

"detection or prevention of the unauthorized use of or fraudulent or other illegal activities in connection with a network, service, or computer software, including scanning for and removing software proscribed under this chapter"

- "Hrrrmmmmm.....Sounds like we still can't keep the RIAA out of our computers. Loop holes, loop holes, loop holes."

- "I think they just made it explicitly legal for the MPAA, RIAA, or BSA to install spyware on your computer to counter copyright
infring(e)ment. What a shame, a rotten egg in a perfectly good law."

[Liberty Belle]

4. Does this apply to the feds snooping on DUers from CA?

[Kablooie]

6. I've got a Mac. ... What's spyware?

[VegasWolf]

7. You have a Mac, what's software? n/t

[quaoar]

8. Hooray!!!!!

http://www.linuxsecurity.com/content/view/116521/65/

A new California law aimed at curbing spyware, software applications that surreptitiously collect the keystrokes, passwords, and credit-card numbers of Internet users, will go into effect Jan. 1.
The law, dubbed the Consumer Protection Against Spyware Act, was signed last week by Calif. Gov. Arnold Schwarzenegger. It outlaws software that secretly steals personal information, such as user names and passwords, sends viruses, or takes control of infected systems as part of a distributed denial-of-service attack. The law also requires software companies and Web sites to inform users if their software or sites will install spyware and disclose what the spyware will do and what information it will collect. California consumers who believe they've been the victim of illegal activity under the law can seek attorney's fees and damages of $1,000 for each violation.