Preview

The Legality of Spyware

Good Essays
Open Document
Open Document
949 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
The Legality of Spyware
The Legality of Spyware

The internet has become a large part of our lives today. With the use of the internet growing comes a growing number of problems with service. One of these major problems is spyware. According to Wikipedia[1] “spyware is a type of malware that can be installed on computers, and which collects small pieces of information about users without their knowledge. The presence of spyware is typically hidden from the user, and can be difficult to detect. Typically, spyware is secretly installed on the user 's personal computer. Sometimes, however, spywares such as keyloggers are installed by the owner of a shared, corporate, or public computer on purpose in order to secretly monitor other users.” This essay will address the problem that is spyware and try to pose an answer to the question of whether or not spyware should be made illegal.
The issue of spyware has been around for some time now. It can be quite a nuisance and at times it can be hard to prevent or avoid. Whether or not spyware can be seen as illegal has yet to be completely imbedded in law. According to an article from USA Today[2] “a federal trial court in Chicago has ruled recently that the ancient legal doctrine of trespass to chattels (meaning trespass to personal property) applies to the interference caused to home computers by spyware.” In other words courts are implementing historical doctrines in order to prosecute any persons participating in malicious internet happenings such as spyware distribution. This idea of implementing historical doctrines have yet to really catch on though. For example in the case Sotelo v. DirectRevenue the defendant DirectRevenue was able to have the courts dismiss the charges.
One would think most will agree that spyware should be made illegal. Its intrusive nature would in way seem to describe it as an illegal act. There are ways of deterring or slowing down spyware but even some of these forms of protection have come into



Cited: Malware Analysts Cookbook and DVD: Tools and Techniques for Fighting Malicious Code. John Wiley & Sons, 2010. Print. This book contains information on malware and how one can protect their selves. Goes into depth about removing malware. [ 2 ]. Sinrod, Eric J. "USATODAY.com - Spyware Can Constitute Illegal Trespass on Home Computers." 11 Oct. 2005: 1. Web. [ 3 ]. Brandt, Andrew. "Can You Trust Your Spyware Protection?." PC World, 23.7 (2005): 26.

You May Also Find These Documents Helpful

  • Satisfactory Essays

    NT260 unit 1 assignment 1

    • 624 Words
    • 3 Pages

    Malware - Can take many forms, but as the name implies, it is malicious software. It can take the form of viruses, bots, spyware, worms, trojans, rootkits, and any other software intended to cause harm. Having proper firewall and security software protection can usually prevent malware from spreading.…

    • 624 Words
    • 3 Pages
    Satisfactory Essays
  • Satisfactory Essays

    In the article the “Undercover Parent” Harlan Coben, the author, states evident facts about using spyware. He also says what his personal thoughts were and how they changed. The article goes through Harlan Coben’s research and studies about spyware. At first Harlan Coben was against using spyware, but after further research he changes his mind he finally understands the good use of using spyware.…

    • 372 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    In the article “The Undercover Parent,” (2008) written by Harlan Coben, he is in support of parents using spyware on their children. Personally, I have to agree with the author because parents could keep their children a lot safer from the dangers of the internet by using spyware. I believe parents should use spyware, but only for safety reasons and not just for the sake of spying. The author gives an example of the dangers of being on the internet like the young boy that didn’t know he was talking to a pedophile or the girl committing suicide because of being cyberbullied. The author also states that parents shouldn’t overuse the spyware to the point where they read every word they tell their friends and know everything about what their friends…

    • 234 Words
    • 1 Page
    Good Essays
  • Satisfactory Essays

    In Corbon essay, the Undercover boss he brings up several different contradiction to his opinion on the spyware software. One of the most profound statements is the fact that he agrees in using the software yet compares it to there are limits to what should be monitored and why. Another thing he does is to compare using spyware to reading a kids diary and believes it could be wrong. Lastly, he states that it whomever you are using the software on should be informed that they are being monitored by you, thus defeating the purpose of spy whole definition. Another shocking thing is that he says that the cellphones should not be monitored but that is the dangerous because it is a one on one personal relationship or forming relationship, once a…

    • 365 Words
    • 2 Pages
    Satisfactory Essays
  • Better Essays

    Cis 333 Final Term Paper

    • 2531 Words
    • 11 Pages

    Ghosh, A., & Cigital, M. An Approach to Defending Against New and Unknown Malicious Software. Retrieved Feb 16, 2012, from http://www.cigital.com/resources/papers/…

    • 2531 Words
    • 11 Pages
    Better Essays
  • Better Essays

    Cybercrime is any crime that is committed online or through the use of an electronic device such as a computer or smartphone. Cybercrime is very broad and can be anything from stealing money online to downloading illegal files. The creation and distribution of viruses on to others computers is a very popular cybercrime. The most prominent cybercrime is identity theft through pharming and phishing techniques used by criminals to steal personal information. Cybercrime is increasing as technology increases because criminals are finding it easier to get personal information from almost anywhere. Not only individual electronic devices are being attacked, businesses are also becoming attacked where many people are falling victim.…

    • 780 Words
    • 3 Pages
    Better Essays
  • Good Essays

    Anyone who knowingly hacks into a computer with intent to steal information is going against this act. Anyone who misuses the computer in this way is going against the law as they are using it for criminal acts.…

    • 1633 Words
    • 7 Pages
    Good Essays
  • Good Essays

    But he also refutes these views to make his point and help his readers to understand how he became to agree with the use of spyware by parents. A good instance of this is when Coben talks about parents abusing the programs to overprotect their children he uses it as a way to show that parents will “fight their kids’ battles,” but when it comes to their privacy they don’t want to intrude even if the child could be getting themselves into a difficult situation. This is a good rebuttal because it’s showing that these parents are being two-sided by wanting to protect their child when in public from such thing as playground bullying or tough coaches, but these parents also wanting to give their child privacy when they could really be getting themselves into trouble on the computer and internet where they could be talking to a sexual predator and not even know…

    • 812 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Spyware is a software that aims to gather information about a person or organization without their knowledge, and usually without consent. One opinion of spyware is highlighted in Harlan Coben’s essay, “The Undercover Parent” (2008). It claims that parents should install spyware in their…

    • 974 Words
    • 4 Pages
    Good Essays
  • Satisfactory Essays

    Harlen Coben in editorial “The Undercover Parent” ( March 16,2008 ) claims that parents should have conversations about their concerns with their teenagers ,and let them know spyware is a possibility. The Author supports and develops the thesis by putting enough evidence to the article. He also supports the thesis by convincing people to use spyware is a possibility.…

    • 263 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    Computers have become a big part of our lives. They are being used more and more and the Internet has brought with it a big amount of computer criminals. In 1988, Victoria created the first Australian computer crime laws.…

    • 1206 Words
    • 5 Pages
    Good Essays
  • Good Essays

    The 4th Amendment to the United States Constitution grants the right of privacy to all people in the country. The use of spyware on children and teens is blant attack on that amendment. Consequently, it has been a real controversial topic between parents and their kids ever since it was invented and used in the 1900’s. There have been many arguments and reasons that have been said for and against it. I for one am against its use. Among those who are for the use of spyware is an author named Harlan Coben, the author of The Undercover Parent. Throughout the article, he argues reasons that support his side. However, Coben’s arguments about the use of spyware because spyware restricts freedom, it’s an invasion of privacy and it doesn’t let children…

    • 691 Words
    • 3 Pages
    Good Essays
  • Good Essays

    The Undercover Parent

    • 337 Words
    • 2 Pages

    The essay begins with Coben showing his initial uneasiness towards the use of spyware. He first states that it’s an “invasion of privacy.” He also mentions that his, as well as many other parents, reluctance may have started from the word; spyware. It is a scary but good idea that some parents won’t even consider. Cobin points out that the word Spyware brings up associations of Dick Cheney sitting in a dark room, rubbing his hands together and reading your most private thoughts. Loving parents already monitor their children by watching over their home and school environment. Some overprotective parents fight their kid’s battles on the playground and criticize coaches about playing time; however, when it comes to chatting with pedophiles, or watching beheadings or gambling away the family’s entire life savings then their children deserve independence.…

    • 337 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Cyber Warrants

    • 388 Words
    • 2 Pages

    The law provides suspects with a right to privacy as well as a safeguard to illegal search and seizures in the form of search warrants. While traditional search warrants must specify what can be searched, which makes everything else off limits without obtaining additional warrants, it creates a problem for cyber-related searches. In the case of cyber warrants, just as with traditional warrants, there must be probable cause to issue a warrant. If the probable cause can be established, such as an advertisement concerning the suspect for illegal activity such as child pornography, then the warrant can be issued for a search and seizure of the suspect’s computer. While in this case, it is legal within the constraints of the warrant to obtain the…

    • 388 Words
    • 2 Pages
    Good Essays