(I'm not defending hostile spyware but there are problems with the law..) http://www.pcworld.com/news/article/0,aid,115527,00.asp Tom Spring, PC World Friday, April 02, 2004 Utah has become the first state to make spyware a crime, passing a law that makes it illegal to install such programs on a PC without approval. Starting in early May, violators face a fine of $10,000 per incident, under the new Spyware Control Act. The Utah law aims to regulate the use of spyware and other advertising software, which is infamous for annoying computer users by tracking and reporting their Web whereabouts and displaying ads. A software company that wants to load a surveillance program onto a Utah user's PC must make full disclosure, under the law. It must reveal what user behavior its software records, what information goes back to a central server, how often ads will appear, and how the ads look. Vendors must also clearly state the purpose of the downloaded software and any changes it makes to a PC's system. <snip> Opponents say the Spyware Control Act is a legal threat to a technology company's right to innovate. Hackett says the Utah law could be interpreted to ban free ad-sponsored software, and perhaps even threaten common e-mail programs that track when and which messages are delivered. State Rep. Urquhart says the law will let a Utah firm sue a spyware company that doesn't follow the Spyware Control Act, when its program displays ads on the Web site of a Utah-based business. He also says the act will help protect consumers by forcing spyware companies to be more upfront about their software.