Teaching A Man To Fish: Why National Legislation Anchored In Notice And Consent Provisions Is The Most Effective Solution To The Spyware Problem

The term “spyware” encompasses a wide range of software designed to intercept or take partial control of a computer. Spyware slows down computers and forces computer users to expend resources on repair and installation of protective software. Consumers also face the danger that personal information gathered through spyware will be misused. Thus, most people agree that spyware is an annoying and costly problem.

However, there is no consensus on the best way to solve the spyware problem. This article examines the methods currently being used to battle spyware, as well as proposed national spyware legislation. The article outlines the various weaknesses in these methods of combating the problem, and suggests how these weaknesses can be remedied.