In the United States, a bill is ready to tackle spyware. While this may be considered a noble pursuit, the law appears to make it more difficult to crack down on companies that use spyware.
The bill, known as the Spy Act, is likely to go into effect soon as both Democratic and Republican parts of Congress support the bill almost unanimously. The only question is what needs the law for, since there are already plenty of legal grounds in the US to tackle spyware. Not only are the new rules superfluous, there are even exceptions that make spyware legal in certain cases. For example, service providers are allowed to use spyware techniques. This could include checking a subscription status or verifying licenses. According to the Electronic Frontier Foundation, this allows companies that believe they are doing business with a consumer to legally install spyware without the consumer’s consent. The spyware program may also forward any information the company thinks it needs.
A second consequence of this law is that an individual can no longer sue for spyware. Only a Attorney General or the Federal Trade Commission can initiate a lawsuit. These exceptions lead the EFF to suspect that the Spy Act Act was created not so much to protect consumers, but rather in the interest of large companies, which are currently legally restricted in their controlling practices.