Archive for the ‘Wireless Covert Cameras’ Category

Computer surveillance

At a basic level, computers are a surveillance target because large amounts of personal information are stored on them. Anyone who can access or remove a computer can retrieve information. If someone is able to install software on a computer system, they can turn the computer into a surveillance device.

Computers can be tapped by a number of methods, ranging from the installation of physical bugs or surveillance software to the remote interception of the radio transmissions generated by the normal operation of computers.

Spyware is computer software that is installed surreptitiously on a personal computer to intercept or take partial control over the user's interaction with the computer, without the user's informed consent.

While the term spyware suggests software that secretly monitors the user's behavior, the functions of spyware extend well beyond simple monitoring. Spyware programs can collect various types of personal information, such as Internet surfing habit, sites that have been visited, but can also interfere with user control of the computer in other ways, such as installing additional software, redirecting Web browser activity, accessing websites blindly that will cause more harmful viruses, or diverting advertising revenue to a third party. Spyware can even change computer settings, resulting in slow connection speeds, different home pages, and loss of Internet or other programs. In an attempt to increase the understanding of spyware, a more formal classification of its included software types is captured under the term privacy-invasive software.

In response to the emergence of spyware, a small industry has sprung up dealing in anti-spyware software. Running anti-spyware software has become a widely recognized element of computer security best practices for Microsoft Windows desktop computers. A number of jurisdictions have passed anti-spyware laws, which usually target any software that is surreptitiously installed to control a user's computer.

Legal issues related to spyware

Criminal law

Unauthorized access to a computer is illegal under computer crime laws, such as the U.S. Computer Fraud and Abuse Act, the U.K.'s Computer Misuse Act and similar laws in other countries. Since the owners of computers infected with spyware generally claim that they never authorized the installation, a prima facie reading would suggest that the promulgation of spyware would count as a criminal act. Law enforcement has often pursued the authors of other malware, particularly viruses. However, few spyware developers have been prosecuted, and many operate openly as strictly legitimate businesses, though some have faced lawsuits.

Spyware producers argue that, contrary to the users' claims, users do in fact give consent to installations. Spyware that comes bundled with shareware applications may be described in the legalese text of an end-user license agreement (EULA). Many users habitually ignore these purported contracts, but spyware companies such as Claria claim these demonstrate that users have consented.

Despite the ubiquity of EULAs and of "clickwrap" agreements, under which a single click can be taken as consent to the entire text, relatively little case law has resulted from their use. It has been established in most common law jurisdictions that a clickwrap agreement can be a binding contract in certain circumstances. This does not, however, mean that every such agreement is a contract or that every term in one is enforceable.

Some jurisdictions, including the U.S. states of Iowa and Washington, have passed laws criminalizing some forms of spyware. Such laws make it illegal for anyone other than the owner or operator of a computer to install software that alters Web-browser settings, monitors keystrokes, or disables computer-security software.

In the United States, lawmakers introduced a bill in 2005 entitled the Internet Spyware Prevention Act, which would imprison creators of spyware.

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