# How/Why is spyware legal? **URL:** \ **Category:** Factual Questions\ **Created:** [April 6, 2004, 7:32am UTC](https://boards.straightdope.com/t/how-why-is-spyware-legal/238518 "2004-04-06T07:32:16Z")\ **Posts on this page:** 10\ **Page:** 1
**Author:** ![pkbites](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/pkbites/32/204_2.png) [@pkbites](https://boards.straightdope.com/u/pkbites)\ **Post date:** [April 6, 2004, 7:32am UTC](https://boards.straightdope.com/t/how-why-is-spyware-legal/238518/1 "2004-04-06T07:32:16Z")
At the end of almost every day we have to run anti-spyware programs to clear out this shit. How/why is it legal for ANYONE to attach ANYTHING onto my hard drive without my permission. My thinking tells me that this is no different than bugging my home or phone, except that those kind of bugs wouldn’t drive me crazy by @#$\*ing up the operation of my computer! Some of the free anti-spyware programs aren’t working as well as they used to. Why should I be forced to spend money to avoid having my computer screwed up by these jerks? Has anyone tried to outlaw this garbage? What about suing those that send this crap out? Has it been tried? ---
**Author:** ![KP](https://avatars.discourse-cdn.com/v4/letter/k/a9adbd/32.png) [@KP](https://boards.straightdope.com/u/KP)\ **Post date:** [April 6, 2004, 8:05am UTC](https://boards.straightdope.com/t/how-why-is-spyware-legal/238518/2 "2004-04-06T08:05:41Z")
“Legitimate” spyware typically includes some vague language in the license of the legitimate program or package that installs it. The wording can be informative or so general that you might think the “informaion gathering” they’re talking about means sending promotional material to your registered e-mail address. Spyware that strays too far fom this basic model is, IMHO, often indistinguishable from a virus. It’s not a matter of legality or illegality so much as a general unwillingness of the public to sue in civil courts (and demonstrate damages). Corporatate users and IT depts have won a few quite significant cases, but often, under the law, simply adding an option (not infrequently hidden) to disable the spyware in a later update or release version is enough to get the package off the hook for anything but a vigorously pursued suit by diligent legal eagles. Sadly. ---
**Author:** ![duffer](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/duffer/32/1026_2.png) [@duffer](https://boards.straightdope.com/u/duffer)\ **Post date:** [April 6, 2004, 8:06am UTC](https://boards.straightdope.com/t/how-why-is-spyware-legal/238518/3 "2004-04-06T08:06:41Z")
> [@pkbites](#): > > . Why should I be forced to spend money to avoid having my computer screwed up by these jerks? Sadly, it’s the same reason we have locks on the doors of our houses. There are just some people that don’t give a shit about your inconvenience if they can make a buck. Problem with the internet is they can do it from outside the US so our laws wouldn’t do a thing anyway. ---
**Author:** ![KP](https://avatars.discourse-cdn.com/v4/letter/k/a9adbd/32.png) [@KP](https://boards.straightdope.com/u/KP)\ **Post date:** [April 6, 2004, 8:11am UTC](https://boards.straightdope.com/t/how-why-is-spyware-legal/238518/4 "2004-04-06T08:11:01Z")
Oops – meant to add that there is a distinction between spyware and a host of other malware. Generally, one ought to maintain tighter control over what gets installed in the systems under one’s control, because uncontrolled installs begs for uncontrolled system/DLL/library conflicts. There isn’t much you can do about that: the state of the commercial art in programming simply isn’t there yet. Some operating systems have more problems with this than others, but Windows OSs (especially the “consumer line” from Win9x to Me) are particularly vulnerable. They simply aren’t designed to deal with this problem _at all!_ ---
**Author:** ![hlanelee](https://avatars.discourse-cdn.com/v4/letter/h/3bc359/32.png) [@hlanelee](https://boards.straightdope.com/u/hlanelee)\ **Post date:** [April 6, 2004, 10:36am UTC](https://boards.straightdope.com/t/how-why-is-spyware-legal/238518/5 "2004-04-06T10:36:18Z")
Just curious, what body governs the World Wide Web? Is there someone that dictates what is legal on the Internet and how do they enforce their will? ---
**Author:** ![Achilles](https://avatars.discourse-cdn.com/v4/letter/a/dc4da7/32.png) [@Achilles](https://boards.straightdope.com/u/Achilles)\ **Post date:** [April 6, 2004, 11:01am UTC](https://boards.straightdope.com/t/how-why-is-spyware-legal/238518/6 "2004-04-06T11:01:05Z")
> [@hlanelee](#): > > Just curious, what body governs the World Wide Web? Is there someone that dictates what is legal on the Internet and how do they enforce their will? At the moment it is kinda governed by ICANN - Internet Corporation for Assigned Names and Numbers - [http://www.icann.org](http://www.icann.org) cf. - [Internet governance: who will take the helm? • The Register](http://www.theregister.co.uk/2004/03/04/internet_governance_who_will_take/) Enjoy ---
**Author:** ![RealityChuck](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/realitychuck/32/195_2.png) [@RealityChuck](https://boards.straightdope.com/u/RealityChuck)\ **Post date:** [April 6, 2004, 12:29pm UTC](https://boards.straightdope.com/t/how-why-is-spyware-legal/238518/7 "2004-04-06T12:29:59Z")
ICANN can assign names and set protocols, but has no jurisdiction over spyware, spam, etc. Some spyware does notify you in the fine print of the user license what they’re doing. They count on people not reading the user license. But there have been court cases where the spyware was deemed legal because the people agreed to it. Other just installs itself. No one has sued them yet over it. ---
**Author:** ![Achilles](https://avatars.discourse-cdn.com/v4/letter/a/dc4da7/32.png) [@Achilles](https://boards.straightdope.com/u/Achilles)\ **Post date:** [April 6, 2004, 12:41pm UTC](https://boards.straightdope.com/t/how-why-is-spyware-legal/238518/8 "2004-04-06T12:41:28Z")
> [@RealityChuck](#): > > ICANN can assign names and set protocols, but has no jurisdiction over spyware, spam, etc. You’re dead right. But they’re as close to a governing body as there is at the moment… N’est-ce pas ? ---
**Author:** ![JRDelirious](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/jrdelirious/32/9531_2.png) [@JRDelirious](https://boards.straightdope.com/u/JRDelirious)\ **Post date:** [April 6, 2004, 1:07pm UTC](https://boards.straightdope.com/t/how-why-is-spyware-legal/238518/9 "2004-04-06T13:07:03Z")
It was not supposed to have a real “government”, remember? Like, it was all about interconnection and access and free flow of information, and The Man would not be there to censor us and hold us down 😛😃 Yeah, right. ---
**Author:** ![Uncommon\_Sense](https://avatars.discourse-cdn.com/v4/letter/u/f9ae1b/32.png) [@Uncommon\_Sense](https://boards.straightdope.com/u/Uncommon_Sense)\ **Post date:** [April 6, 2004, 2:55pm UTC](https://boards.straightdope.com/t/how-why-is-spyware-legal/238518/10 "2004-04-06T14:55:47Z")
Best to do a **custom** install on all your software so you can uncheck or refuse to install certain questionable stuff.