Spyware: paying for software with our privacy

Abstract

This paper deals with the privacy issues related to the computer software that has come to be known as spyware. The privacy concerns have begun to be debated online and in trade media. Unfortunately, as we shall see, the concerns of the legislators and courts have not been focused on the privacy concerns of the individual but rather upon the economic interests connected with online assets and marketing. This paper will begin with the issue of defining spyware, and then move on to look at the manner in which privacy legislation can be circumvented by contract. This is followed by a brief look at the type of court activity taking place. The paper will then look at the basis for any claim to privacy and how it can be related to spyware. This is followed by a look at the weak attempts of legislation and a concluding discussion.