IPcentral Weblog
  The DACA Blog

Thursday, April 21, 2005

State Spyware Slippery Slope
(previous | next)

As the debate over spyware continues to make waves in Congress, many states are also taking action to curb the incidence of the pernicious software. Yesterday, the Alaska State Senate passed a bill to put a ban on spyware. The Alaska bill, which appears to focus more on the adware aspects of spyware, including pop-up ads, adds a section to the state's current laws on unfair trade and business practices to include spyware. While this law is unlikely to have an adverse impact on the legitimate software market, it reintroduces the question of whether or not states should be legislating on this issue. The spyware issue is one that cannot be reasonably corrected at the federal level, due to its medium, the Internet, and thus its global nature, not to mention the difficulty in tracking spyware purveyors. These factors make it even less likely that state legislation will have a positive impact.

As stated previously in this space, federal legislation on spyware is a cause for alarm, based on the vague definition of spyware and implications such legislation could have on legitimate software and innovation, yet it may prove to be a necessary evil to thwart state legislation from running rampant and hurting interstate commerce as well as innovation in the software industry and the Internet as a whole. The task at hand then becomes choosing the appropriate legislation that will not only maximize positive benefits, but equally as important, limit the potential negative effects of regulation.

posted by Mike Pickford @ 11:10 AM | E-commerce

Share |

Link to this Entry | Printer-Friendly

Post a Comment:

Blog Main
RSS Feed  
Recent Posts
  EFF-PFF Amicus Brief in Schwarzenegger v. EMA Supreme Court Videogame Violence Case
New OECD Study Finds That Improved IPR Protections Benefit Developing Countries
Hubris, Cowardice, File-sharing, and TechDirt
iPhones, DRM, and Doom-Mongers
"Rogue Archivist" Carl Malamud On How to Fix Gov2.0
Coping with Information Overload: Thoughts on Hamlet's BlackBerry by William Powers
How Many Times Has Michael "Dr. Doom" Copps Forecast an Internet Apocalypse?
Google / Verizon Proposal May Be Important Compromise, But Regulatory Trajectory Concerns Many
Two Schools of Internet Pessimism
GAO: Wireless Prices Plummeting; Public Knowledge: We Must Regulate!
Archives by Month
  September 2010
August 2010
July 2010
June 2010
  - (see all)
Archives by Topic
  - A La Carte
- Add category
- Advertising & Marketing
- Antitrust & Competition Policy
- Appleplectics
- Books & Book Reviews
- Broadband
- Cable
- Campaign Finance Law
- Capitalism
- Capitol Hill
- China
- Commons
- Communications
- Copyright
- Cutting the Video Cord
- Cyber-Security
- Digital Americas
- Digital Europe
- Digital Europe 2006
- Digital TV
- E-commerce
- e-Government & Transparency
- Economics
- Education
- Electricity
- Energy
- Events
- Exaflood
- Free Speech
- Gambling
- General
- Generic Rant
- Global Innovation
- Googlephobia
- Googlephobia
- Human Capital
- Innovation
- Intermediary Deputization & Section 230
- Internet
- Internet Governance
- Internet TV
- Interoperability
- IP
- Local Franchising
- Mass Media
- Media Regulation
- Monetary Policy
- Municipal Ownership
- Net Neutrality
- Neutrality
- Non-PFF Podcasts
- Ongoing Series
- Online Safety & Parental Controls
- Open Source
- PFF Podcasts
- Philosophy / Cyber-Libertarianism
- Privacy
- Privacy Solutions
- Regulation
- Search
- Security
- Software
- Space
- Spectrum
- Sports
- State Policy
- Supreme Court
- Taxes
- The FCC
- The FTC
- The News Frontier
- Think Tanks
- Trade
- Trademark
- Universal Service
- Video Games & Virtual Worlds
- VoIP
- What We're Reading
- Wireless
- Wireline
Archives by Author
PFF Blogosphere Archives
We welcome comments by email - look for a link to the author's email address in the byline of each post. Please let us know if we may publish your remarks.

The Progress & Freedom Foundation