Technology Perspective
September 16th, 2004
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September 16th, 2004
Tech.gov: Can Anything Stem the Spyware Tide?
Sr. Ed. Anush Yegyazarian
This summer, a group of malicious hackers took advantage of a serious
hole in Internet Explorer (what else is new?). For details, read
"Microsoft Warns of Web Attacks":
http://pcwnl.pcworld.com/t/222804/21421687/755174/0/
In response, Microsoft told users to set the browser's security
setting to High--even though the company warned that doing so might
disrupt some legitimate Web sites.
That browser flaw enabled attackers to redirect users to a site that
surreptitiously downloaded and installed a keystroke logger, which
could then send sensitive user data--passwords, financial information
and the like--to a specified Web site without the user's knowledge.
Working with law enforcement agents, ISPs quickly took down the
attackers' site. Microsoft has since patched IE, so users are back to
surfing normally. Sort of.
This incident, however, was only the most egregious recent example of
an ever-growing threat: spyware. We've all heard of it, and maybe even
cursed it loud and long as we've watched pop-up ads multiply like
Tribbles across our screen, or found out that someone has hacked into
our bank account.
Major software vendor Computer Associates, which recently bought Pest
Patrol (a developer of antispyware products, among other things),
calls these sneaky apps "pests" and now has 24,000 such items in its
database--and no, that number does not include viruses or worms. Half
of the listings were added in the last year. Sam Curry, CA's vice
president of e-trust security management, expects that number to
double again within 12 to 18 months. The problem has gone beyond the
home: Corporations are taking note as spyware proliferation affects
worker productivity and makes intellectual property theft more likely:
http://pcwnl.pcworld.com/t/222804/21421687/755175/0/
People want a solution. Heck, I want a solution. Right now.
Congress has heard the cry, and a few bills moving through the House
of Representatives and the Senate attempt to deal with the problem.
The key word here is "attempt."
Congressional Aid
Congress wants to help, it really does. In a contentious election
year, spyware is one bad guy everyone can agree on.
The chief antispyware bills moving through Congress right now are the
Software Principles Yielding Better Levels of Consumer Knowledge Act,
known as SPYBLOCK, in the Senate (S. 2145); and the Securely Protect
Yourself Against Cyber Trespass Act, known as SPY ACT, in the House
(H.R. 2929). (Who thinks up these catchy names?) The latter has seen
the most action, and has moved from committee to a likely vote by the
House by year's end.
Read more about SPYBLOCK in "Anti-Spyware Law Proposed":
http://pcwnl.pcworld.com/t/222804/21421687/755176/0/
For more on the SPY ACT, read "Anti-Spyware Bill Endorsed":
http://pcwnl.pcworld.com/t/222804/21421687/755177/0/
Both bills attempt to define spyware and to put in place clearer
standards for user consent to any software downloads. Both also
provide for criminal penalties for those who try to get information
from users without their consent, or install applications without user
approval. So far, so good.
But both bills are too limited, each in their own ways.
The SPY ACT, sponsored by Representative Mary Bono (R-California)
among a host of others, spells out standards for user notification,
and specifically addresses many of the actions it wants to prevent,
such as unauthorized collection of user data for any purpose, browser
hijackings, keystroke logging, and unwitting spamming or
denial-of-service attacks by zombie PCs. The SPYBLOCK Act does much
the same, but focuses on a smaller set of behaviors that may or may
not encompass some activities that aren't explicitly spelled out,
depending on interpretation.
These bills each address a set of aggravating symptoms (hurray) while
missing a chance to get at the rest of the problem (grr): a lack of
consistent privacy and informed consent standards for the Internet.
Guidelines for All
The Center for Democracy and Technology has been very active in
legislative and federal efforts to combat spyware and deceptive,
irresponsible adware. Ari Schwartz, associate director for the CDT,
argues that legislation and industry action should focus on
establishing a set of privacy standards and fair information practices
that don't depend as much as the current bills do on specific actions
and definitions.
Such standards would get at the heart of what all spyware programs
have in common, regardless of what they may be called, or their
ultimate function. Be they genuinely harmful or merely irksome, they
all get onto your PC without your clear knowledge and agreement; their
presence is often buried in the lengthy user licenses no one reads.
They then proceed to act as if they have every right to use your PC,
your data, or your Internet connection as they see fit, again, without
informing you. Moreover, once you discover they're on your PC, they
rarely provide you with a straightforward and complete way to
uninstall them.
Schwartz points to a lengthy bill that Senator Ernest "Fritz" Hollings
(D-South Carolina) introduced in the last session of Congress (the
Online Personal Privacy Act, S. 2201), which in fact attempted to set
some of these best-practice guidelines. It was passed by committee but
did not make it to the floor of the Senate for vote and would have to
be reintroduced.
Schwartz notes that both S. 2145 and H.R. 2929 focus on programs that
get downloaded onto your computer. But it's possible that these bills
wouldn't cover programs that are only partially run on your machine
while residing primarily on a more central network or server. There
should be no distinction, Schwartz says. He believes that properly
crafted laws can have an impact on spyware because it, unlike spam,
leaves a more direct money trail, making it easier to identify and
police offending companies.
For more details, see the CDT's report on policies and proposals to
solve the spyware problem:
http://pcwnl.pcworld.com/t/222804/21421687/755178/0/
A set of guidelines would take care of another potential problem:
evolution of spyware. A few years ago, the term spyware didn't exist.
Now, there are at least a half-dozen practices that fall under that
umbrella. Who knows how many there will be in another few years--or
what forms they will take? I don't want to go back to the legislative
drawing board two years from now and go through this all over again.
Full disclosure: Even well-meaning companies (and editors) can be
fooled by rapidly changing spyware practices. One of my colleagues
recently recommended a screen saver that later got loaded with more
and more spyware. Both Schwartz and CA's Curry say that's not
uncommon.
For info on that screen saver, and how to remove spyware, read "Next
Stop: Jupiter" in "Simplify, Simplify, Simplify":
http://pcwnl.pcworld.com/t/222804/21421687/755179/0/
Good Adware?
In general, Curry agrees with Schwartz. He also believes that
establishing a set of industry guidelines for consent, user
notification, and the like would be a better overall approach than
that of the current bills. Consumer, industry, and public-sector
groups working together may come up with more effective rules that can
remain relevant as software and services evolve, and not just address
some of today's problems, he says. The rules governing financial
services, he says, may serve as a model here, with a blend of
industry-set guidelines and legislation to back them up.
He has a further concern: The bills, depending on their final
language, might adversely impact legitimate businesses. That's a
concern shared by others in the industry, and it led to the injunction
that blocked Utah's spyware law. WhenU, a New York-based company that
serves up ads to consumers who download free programs, might have been
prohibited from continuing its business under the Utah law. It brought
its case to court--and won, at least at the District level. But the
company's argument that Utah had gone beyond a state's rights by
trying to regulate interstate commerce won't apply at the federal
level. For more information, read "Utah Judge Halts Antispyware Law":
http://pcwnl.pcworld.com/t/222804/21421687/755180/0/
I must admit that my sympathy for even legitimate adware companies is
pretty low: Generally, I just want all adware off my PC. But far be it
for me to condone an outright legal ban on their mode of business.
With the right guidelines--preferably legislated to give them some
teeth--the business model can still exist. It will just exist with
informed consent by me and my fellow Web surfers, as well as with
rules about what data can be collected and how it can be used. It's
not such a horrible trade-off. Everyone can live happily ever after,
at least until the next Internet-induced crisis.
For more immediate help getting rid of spyware, read "Bigger Threats,
Better Defense" for reviews of antispyware, antivirus, and firewall
products:
http://pcwnl.pcworld.com/t/222804/21421687/755181/0/
You'll also want to check out Steve Bass's "Home Office" column on
what to do to prevent spyware infection, and how to help yourself if
you do get infected:
http://pcwnl.pcworld.com/t/222804/21421687/755182/0/
Have a question or comment? Write to Anush Yegyazarian:
[EMAIL PROTECTED]
Read Anush Yegyazarian's regularly published "Tech.gov" columns:
http://pcwnl.pcworld.com/t/222804/21421687/364632/0/
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