Spyware is the term for software that is used to collect information about an individual or organisation without their knowledge. It can be deposited as an e-mail attachment or as a web site download. Adware is similarly secretive but does not track – instead it may generate pop-up ads.
SPYBLOCK (Software Principles Yielding Better Levels of Consumer Knowledge) has been introduced by Senators Conrad Burns, Ron Wyden, and Barbara Boxer. Their bill is intended to prohibit the installing of software on somebody else's computer without notice and consent, and requires reasonable "uninstall" procedures for all downloadable software.
Burns said:
"Computer users should have the same amount of privacy on-line as they do when they close the blinds in the windows of their house. But this is not the case, as computers across the country are being hijacked everyday as users unknowingly download unwanted and deceitful programs that spy into their on-line world. Computer users must have some sort of defence against these sneaky programs hiding in the shadows of their machines."
The SPYBLOCK Act's general notice and consent requirement could be satisfied by commonly used on-screen dialogue boxes that tell users that clicking "OK" will trigger the download of a particular program, explained the Senators.
The Bill would be enforced by the Federal Trade Commission (FTC) and state attorneys general. The FTC could impose penalties just as it does for unfair and deceptive practices, including cease-and-desist orders and civil fines. State attorneys general could bring suits seeking injunctions, plus damages or other relief, said the Senators.
There are a few criticisms of the Bill, the most prominent being the fact that spyware is an international problem and that US action will not tackle the vast amount of invasive software generated outside its borders.