Utah vs. first amendment, global 'net, cookies

[Major Variola (ret.)]

(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.