CHAPTER 7 – THE FUTURE OF SPYWARE

        I wish I could tell you that spyware is going away for good. Unfortunately, where there’s money to be made, both good and bad people are going to cash in.

It may even get worse instead of better as spyware becomes ever more sophisticated and users remain complacent. Too many people do not take any steps to protect themselves – only realizing that they are at risk when it is too late. Even business organizations are not protecting their company data bases. 

Legislation is being enacted to help deal with the growing epidemic. But is it too little too late or just a drop in the bucket?

7.1 Big Business  

        Spyware and adware aren’t just around to make mischief – although of course that makes up a certain element of it. Spyware is big business.  

        Part of the problem is that these tracking problems did not start out as something that can cause you harm. Legitimate advertisers wanted to find out how many people were clicking on their internet advertisements. Cookies weren’t quite enough, so they figured out how to download code onto computers which then popped up advertisements when people opened up certain web pages. Annoying to many of us, but they seemed to make enough money off of it to keep going. 

        Unfortunately, spyware companies got their greedy hands on this technology and twisted it into something not only inconvenient, but downright malevolent.

According to Webroot Software, Inc., spyware and adware is at least a $2 billion-a-year industry. Cleaning this industry up will be challenging. Despite regulations and new laws, online crime groups use spyware to get their hands on your information and you’re your identity.

Even if the company isn’t out to steal your identity or commit fraud, think of these numbers. Claria Corp., an online marketer, recently had software running on about 40 million computers. Direct Revenue, LLC had more than 20 million installations of its three ad programs through bundling, instant messaging smiley-faces, Web browser tool bars and clock and weather programs.

The good news is that the recent Spy Act seems to be slowing down the adware vendors, at least for now. Direct Revenue terminated contracts with six distributor partners, and Commission Junction Inc. banned 180Solutions from its network. LinkShare Corp., another affiliate marketing network, is also asking affiliates to reapply so that their sites can be vetted.

Unfortunately for us, the problem isn’t just here in the United States. Much of the spam, spyware and adware comes from overseas and that’s impossible for us to legislate.

 So while much has been accomplished, as long as the bad guys can figure out how to make a buck off us, they’re going to find ways to do it.

7.2  The Problems With Fighting Spyware 

Fighting spyware is easier said than done.  One of the biggest problems is that more people are creating spyware than fighting it – and they’re making more money at creating and using it.  

Spyware is often made so that it can keep reinstalling itself, so that even though anti-spyware applications can remove the spyware's registry entry from one location, the spyware simply goes into another hidden registry so that it’s reinstalled when you reboot.  

Sometimes the spyware is loaded into memory very early in the boot process so that when you try to uninstall the spyware, your computer will not let you. It thinks it’s trying to protecting a legitimate running program.

The biggest problem with fighting spyware is seen in the examples above. There will always be people who keep making spyware to get around any blocks so there will always be new problems.

7.3 Spyware Laws and Legislation

You might be wondering if the government is doing anything about it. They’re trying. Although previous laws already prohibited spyware and adware, they just approved the ‘Securely Protect Yourself Against Cyber Trespass Act' or the `SPY ACT.'

This legislation prohibits any person or organization (who is not the owner of the computer, of course) from taking control of the computer without your authorization to send information to others, change the homepage, or divert you to a site that you did not intend to go, and which tracks your behavior or collects your personal information. 

This means that it is against the law to install software without your knowledge, or to trick you into installing it. It also includes the spyware or adware that can’t be uninstalled through normal uninstall procedures. The law breakers could be put in jail for up to five years and receive fines up to $3 million. 

For those companies who have legitimate software, like telecommunication companies or internet service providers, there are provisions to limit liability. 

There is some concern that the Spy Act might prove to be a problem more for these legitimate companies than for those who are out to do us harm because of the increased regulations that they have to follow. Spyware companies still would not follow those regulations, naturally, so increased regulations don’t bother them at all. 

Or the loopholes in the Spy Act’s list of exemptions might make it look like the bad guys are complying with the law, even starting legal activities, so that they won’t get put on the “Spyware List.”  Will they really be just another company following the law? Come on, get real.  

Some legitimate software companies also worry that any future interactive software might be inhibited because of the Spy Act’s stringent requirements. After all, if you were just trying to load a real game, you’d be a bit annoyed if you had to keep reading and checking a notice when you are going on to a different web site, for each page or when you are accessing content. 

          Still others complain that the Spy Act leaves out instant-messaging and e-mail correspondence.

        For those of us who’ve been hurt by spyware, the Spy Act might be a step in the right direction. But it’s only a step. As spyware evolves, so might the laws and penalties. 

If you would like to read the Spy Act, go to http://www.theorator.com/bills109/hr29.html

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