Spy Act, etc.

Good discussion-starter, Braden. Both these bills bring up some genuinely tough questions. Here’s what is clear (at least to me)…

One: the spyware problem–broadly defined to include all sorts of Internet pests, ranging from drive-by downloads of funky, unwanted toolbars to stealing your home phone number–is a serious one. People are frustrated. It is, for instance, the number one source of tech support calls to Dell. It’s also the source of quite a few calls to MacAfee, largely from my own household.

Two: stopping these vile plagues (the most neutral term I can think of) is a legitimate function of government. These things are violations of property rights, just like any other form of trespass.

The question then becomes how to stop them. The Bono bill (as amended before it was voted out of committee), is actually quite narrowly written, applying only to a clearly-defined set of actions, such as hijacking browswers and such. It alsow requires notice before personally identifiable information can be transmitted. The Goodlatte bill is less specific, but it aimed at actions taken with an intent to defraud, or to further other criminal actions.

Both bills seem reasonable. However, there are reasons to worry. Many argue that despite–or because of–the specificity of the Bono bill, it could unintentionally chill innovation. Similarly, the Goodlatte bill bars “impair[ing] the security protection of a computer.” Does that mean a program can’t disable a pop-up blocker, even with consent?

I don’t know how serious these concerns are. My suspicion is that they are real, though the potential harm would not be overwhelming. However, the upside is not large either–all sides seem to agree that most all of the practices under attack are already illegal under various current laws. This seems like a case of “don’t just stand there, do something,” as Congress tries to avoid looking non-responsive to constiuent complaints.

In any case, my own feeling it that the spyware issue is unlikely to be solved by ANYTHING Washington does. Any law is likely to be ineffective at stopping bad actors (can you say Hong Kong?) as well as unnecessary. The real solution will come from Silcon Valley and Redmond and other tech centers, which will provide the technologies and services necessary to stop unwanted Internet trespassers. Spyware removers such as Ad-Aware and Spybot are already widely used, more and better cleansers are on the way. Spyware protection will likely become as ubiquitus as anti-virus programs and pop-up blockers. Whatever legislation is passed may be irrelevant, with the problem solved by private-sector initiative.

In other words, while laws against trepass may be good things, nothing beats a lock on your door.

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