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I Spy


PC users are fed up with spyware, a state of affairs that has provided Washington with yet another chance to exercise its legislative reflex.

Spyware is any program that monitors computer activities without the user’s knowledge. A log of those activities is then saved or a record of them is transmitted to parties that use the information to, for one thing, send those annoying pop-up ads to computers.

The National Cyber Security Alliance and America Online figure that spyware infects eight of every 10 personal computers. It is clearly a problem, one that vexes computer users all over the country by, among other things, clogging their systems and sometimes sending them to Web pages they never intended to visit.

The House of Representatives is eager to turn anti-spyware legislation into law, passing two bills in three days in October.

The legislation is unnecessary, however, and might even be even harmful.

Overly vague or broad definitions of spyware in a regulatory regime created by legislation could unintentionally include software that updates, renews and monitors programs that are found on personal computers. This software, sometimes called supportware, provides users with better service and makes their computer and Internet experiences smoother and more enjoyable.

The Federal Trade Commission has warned Congress about passing anti-spyware legislation, telling policymakers that spyware issues can be handled through existing fraud laws. That sounds reasonable. Unfortunately, reason is often lost on Congress, which is prone to knee-jerk legislation that leads to all sorts of unintended consequences.

But then, Washington is the city that created the unintended consequence – unintentionally, of course.