Legislature(2005 - 2006)BUTROVICH 205
04/13/2005 10:00 AM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| SB140 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 140 | TELECONFERENCED | |
| + | TELECONFERENCED |
SB 140-BAN INTERNET SPYWARE
VICE CHAIR CHARLIE HUGGINS announced SB 140 to be up for
consideration.
10:05:23 AM
SENATOR GENE THERRIAULT introduced SB 140 and asked Mr. Ben
Edelman to explain how Spyware works.
MR. BEN EDELMAN, student, Harvard University, informed the
Senate Standing Judiciary Committee Spyware has become a serious
problem. Some companies do bona fide spying by tracking your
email address and purchases. Users have a commercial purpose and
they track what a person does on the internet for the purpose of
showing pop up ads, often for competitors of the site that is
being viewed.
10:08:25 AM
SB 140 focuses on this type of software. Spyware pop up ads are
equivalent to a Wal-Mart employee coming into a Target store and
trying to get the customers to shop at Wal-Mart instead. Other
Legislatures have taken up the issue, California being the most
well known example. They passed a bill, which names a dozen
specific tactics, which they prohibit.
10:10:33 AM
There are a couple of bills pending in U. S. Congress.
Representative Bono of California introduced a bill that bans
bad practices. Utah passed legislation similar to SB 140 but the
language should have been drafted more tightly because the Utah
court ruled the bill unconstitutional.
10:12:24 AM
Software companies think they do not need government oversight.
Currently they are not well regulated and they want to keep it
that way so their objections to legislation of any type are
intense. Yahoo, for example, makes money by selling ads on
websites.
10:13:42 AM
SB 140 regulates unfair competition by making it illegal to
design confusing pop up ads. Enforcement is entirely possible
because violators are easy to find.
10:15:13 AM
SENATOR THERRIAULT asked Mr. Edelman his credentials.
MR. EDELMAN responded he is a student at Harvard University
working for his Ph.D. on economics and finishing law school. In
his spare time he tests Spyware and writes about his findings.
He has served as an expert in some litigation against Spyware
companies.
SENATOR THERRIAULT asked Mr. Edelman to comment on the wording
on Page 2, lines 11-12.
MR. EDELMAN suspected the drafter was trying to get at the
company who claims not to know they were purchasing the Spyware.
10:21:33 AM
CURTIS CLOTHIER, data processing manager, Legislative Affairs
Agency, provided an overview of Spyware. The following is a
Powerpoint presentation entitled: Spyware 101.
Definition of Spyware:
· Software that collects personal information, or makes
changes to your computer without your knowledge or consent.
Occurrences of Spyware:
· 2003 2 out of 100 support calls concerned Spyware.
· 2005 2 out of every 5 support calls concerned Spyware
· 50 % of calls to Microsoft involve Spyware.
10:23:59 AM
Signs of Spyware:
· Lots of pop-up ads
· Homepage or other settings are changed
· New toolbars appear
· New icons appear on your desktop
· Computer slows down
How does Spyware get installed?
By installing "free" software such as:
Screensavers
Weather info
Toolbars
Music sharing
10:25:27 AM
SENATOR HOLLIS FRENCH asked whether a person could get pop-ups
without ever installing Spyware.
MR. CLOTHIER answered yes. Many websites are designed to deliver
pop-up ads to your computer.
SENATOR THERRIAULT clarified some websites legitimately place
their own pop-up ads but Spyware takes over the ads.
10:27:46 AM
MR. CLOTHIER continued many websites place a cookie on your
computer so it knows a little bit about you. Merely visiting a
website can open the door where software is installed without
your consent.
10:29:16 AM
How does Spyware get installed?
A lengthy "end user licensing agreement", which most people do
not read, might say you cannot uninstall the Spyware.
What does Spyware do?
· Change computer settings
· Occurs without your consent
· Steals confidential information
Good Software vs. Bad:
Not all software that collects information is bad
10:31:41 AM
How Do You Remove Spyware?
· Spybot
· Spy Sweeper
· Ad-aware
Despite all the best efforts, Spyware causes serious issues.
Spyware removal is taking more time than virus removal efforts.
10:32:59 AM
Solutions:
· Education
· Technological tools
· Legislation
10:34:38 AM
SENATOR HUGGINS asked what SB 140 would accomplish.
MR. CLOTHIER answered SB 140 would be a signal to Spyware
operators that they will be regulated. It will provide a benefit
to computer users by giving them recourse. Major Spyware
provider companies are listed in the NASDAQ. The major players
are easy to identify.
10:38:05 AM
SENATOR THERRIAULT announced his intention to have the drafter
remove the finding and intent section before putting SB 140
before a vote.
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