The Legal Status of Spyware
by Daniel B. Garrie, Professor Alan F. Blakley, Matthew J. Armstrong
Today, federal law enables spyware, adware, and phishing businesses to mine consumer data with impunity. This Article demonstrates that although some laws are ineffective, others provide consumers with some minimal relief. In addition, the Article proposes an innovative solution. It also discusses the implications of the "evil-ution" of software developers in the context of the law, analyzing the evolution of the software developer, the impact of the rapidly increasing skill of the developers, and the disastrous outcomes that may occur if governments fail to act.