PCs Posted No Trespass 277
FreeLinux writes "USA Today has a story about a federal court ruling stating that Spyware can constitute illegal trespass. From the article: 'A federal trial court in Chicago has ruled recently that the ancient legal doctrine of trespass to chattels (meaning trespass to personal property) applies to the interference caused to home computers by spyware. Information technology has advanced at warp speed with the law struggling to keep up, and this is an example of a court needing to use historical legal theories to grapple with new and previously unforeseen contexts in Cyberspace.'"
Good, I'm gettin' mah gun (Score:5, Funny)
Re:Good, I'm gettin' mah gun (Score:3, Funny)
Re:Good, I'm gettin' mah gun (Score:5, Funny)
In other words, people break into your box at their own RISC?
Posted: Private Lan. No hunting. No Phishing. (Score:4, Funny)
Violators will be prosecuted to the full extent of the law.
Re:Good, I'm gettin' mah gun (Score:4, Funny)
In other words, people break into your box at their own RISC?
Like we haven't hear that joke 80386 times before...
Re:Good, I'm gettin' mah gun (Score:3, Funny)
Re:Good, I'm gettin' mah gun (Score:5, Funny)
Re:Good, I'm gettin' mah gun (Score:4, Funny)
Re:Good, I'm gettin' mah gun (Score:3, Funny)
Re:Good, I'm gettin' mah gun (Score:4, Funny)
Re:Good, I'm gettin' mah gun (Score:4, Funny)
Re:Good, I'm gettin' mah gun (Score:4, Funny)
"~/, sweet ~/"
Comment removed (Score:5, Insightful)
Re:Not gonna change a goddamned thing. (Score:2)
Re:Not gonna change a goddamned thing. (Score:3, Insightful)
Re:Not gonna change a goddamned thing. (Score:5, Insightful)
It might (Score:5, Insightful)
The problem I have with spyware is that so much of it is so slimey. It'll install itself and then put all sorts of trickey checks in to ensure it's not unloaded. It'll have a reinstaller in the services, and in the startup group, and in the "run" section, and add itself to the "run once" section each time it runs, and latch on to explorer and so on. Thus when you try to remove it, even with the help of spyware tools, it's often very difficult to get rid of. Also, spyware often opens backdoors to allow other spyware in. In the beginning you have one peice, then through no further interaction you have 10.
This is what needs to be illegal. The software needs to make it clear what it does, and it needs to uninstall, and stay uninstalled, upon request. If we can start prosecuting the sleeze that make programs that don't obey those simple rules, I'll be real happy. If you want to load up spyware on your system voluntairly, that's your business. I just get pissed when I get a service call to remove it, and it fights tooth and nail, or when a person installed one thing they wanted, and it invited 10 of it's friends they didn't.
Re:It might (Score:3, Insightful)
Re:It might (Score:2)
It's not like things are just getting lost here, it's things that are trying to hide, and trying to setup redundant programs to replace themselves if removed. The level of insidiousness is approaching that of root kits. They aren't hard to
Demand nothing less than software freedom. (Score:3, Interesting)
Re:Demand nothing less than software freedom. (Score:3, Insightful)
Where as what he suggests may be a little simplistic and utopian, I think that your criticism doesn't really negate his suggestions.
Licenses are just contracts and, at least in the US, there are some laws limiting contracts. Specifically, contracts can be deamed unenforceable if they are proven to be unreasonable. I'm sure that a good lawyer with a bit of luck could invalidate a contract stating that you give over y
Re:Not gonna change a goddamned thing. (Score:2)
See
Re:Not gonna change a goddamned thing. (Score:5, Insightful)
Frankly, if we had more judges doing things like this, we probably wouldn't have to have nearly as many halfassed, more-harm-than-good, kneejerk reaction laws passed by politicians who are being hammered at by their constituents to "do something!"
Although you have a very valid point about users being stupid if they allow spyware to be installed on their machine, I think everyone pretty much understands that some of what spyware does is wrong and ought to be unlawful: in particular making itself hard or impossible to remove, or once installed doing things other than what it says it was going to, do or installing other programs without your consent.
You don't need to have a law for every particular thing that a person can possibly do wrong to another; there are a certain number of general principles that I think most people in a civilized society can accept (or will accept, if you want to keep living here), and one of them is that you shouldn't make someone else's property less valuable to them without their consent. And that consent is no good if the defendant lied about what they were going to do to the property. To use your analogy, it's as if you let someone in your house thinking they were a plumber and here to fix your toilet, but instead they sat around in your living room and watched TV for a while so you couldn't use it, and refused to leave when you asked. Sure, you let them in, but only because they presented themselves under false pretenses.
But my biggest issue here is that spyware is a situation, at least in its more extreme forms, which is plainly obvious to the average person as something that ought to be illegal. Generally when you have a situation like that, you don't (and shouldn't) need to have a particular law for the case. Certainly there are ways in which computers and the virtual world of the internet differ so fundamentally from the physical world that the same laws shouldn't apply. But those cases are more rare than you might think, and in hesitating to apply the few thousand years of common law (and common sense) that we've acquired as a civilization from the past to computers we've allowed a lot of dishonest people to create a lot of aggravation and damage to others, doing things that would be illegal if they weren't being done through a computer. I'm glad that this judge, whoever he is, has wised up to this fact and is putting some of that established wisdom to work here.
The Feds Have Taken The First Step (Score:5, Insightful)
Re:The Feds Have Taken The First Step (Score:2)
Eh, this doesn't sound right to me. I don't have to put signs on my house that says it's illegal for someone to enter it without my permission.
On the other hand, I might believe your point in cases of rural land where there are no clear boundaries. In that case, it might be legal to cross someone's farmland, unless they specifically forbid.
I t
Re:The Feds Have Taken The First Step (Score:2, Insightful)
Now Merry and Pippin, If your caught trapsing around in Farmer Maggots fields he's like to get a little upset. Maybe even overreact.
Re:The Feds Have Taken The First Step (Score:3, Funny)
Depending on how annoying the trespassers are I guess.
In the case of Merry and Pip, I thought that the movie was lacking; the scene following their capure by goblins should have gone something like:
Gimli: *silence*
Legolas: *silence*
Aragorn: Shouldn't we like, go and rescue them or something?
Legolas: Have you noticed how quiet it is suddenly?
Gimli: I pity the goblins.
Re:The Feds Have Taken The First Step (Score:3, Insightful)
How about my front yard, which is not fenced at all, right back to the building line? It's clearly maintained, is that enough for me to be able to admin
Re:The Feds Have Taken The First Step (Score:3, Insightful)
Where
Re:The Feds Have Taken The First Step (Score:2)
Good point and thank-you. I have put a yellow sticky on my computer designating it private property.
Re:The Feds Have Taken The First Step (Score:5, Funny)
$ telnet 127.0.0.1 25
Trying 127.0.0.1...
Connected to 127.0.0.1.
Escape character is '^]'
220 127.0.0.1 ESMTP Sendmail 8.13.37/8.00.8.135
214 Don't even think about attempting to relay spam through here, n00b. Tresspassers will be pwn3d.
Re:The Feds Have Taken The First Step (Score:3, Funny)
Re:The Feds Have Taken The First Step (Score:2, Insightful)
Quite the reverse, a house or clearly property must have some sort of indication that welcomes visitors. Otherwise it is assumed not open. Thats why businesses have OPEN signs. I
Re:The Feds Have Taken The First Step (Score:4, Interesting)
At a site where I once worked we had to change our login message from "Welcome to $machine" to "Unauthorized access prohibited" because "welcome" was considered a statement that unauthorized access was permitted.
Re:The Feds Have Taken The First Step (Score:2)
I think some of the early Slackware distros used to have this as a default login. I haven't seen that for a long time.
Amazing how networks went from communal workspaces to protected territories.
Re:The Feds Have Taken The First Step (Score:3, Insightful)
Not really. Rural folks rarely lock their doors, everyone in the city does. Rural fences aren't meant to keep people out, but to keep cattle from straying. When the internet had only a few thousand users, no one cared much about security. But the internet isn't "rural" anymore, it's global with millions of people on it.
"No trespassing" signs are not a requirement (Score:5, Insightful)
If I accidentally forget to lock the door of my residence when I have to leave to run a quick errand, and I return to unexpectedly find a stranger rummaging through my refrigerator it is criminal trespass. Said stranger need not enter by force or cause damage to be convicted of a crime, and I don't have to put a "no trespassing" sign on my front door to make it a crime. It is obviously a private domicile and "no trespassing" is implied.
Spyware is the electronic equivalent of the above. Providing explicit notification should only be required when a given property could easily be mistaken for public property--and the same applies to computers. Spyware vendors should expect that it is a certainty that their distribution methods will target computers that are "private property" and that they must clearly and explicitly ask permission to interfere with that property.
Re:The Feds Have Taken The First Step (Score:3, Interesting)
Re:The Feds Have Taken The First Step (Score:2)
Good point. In the some states in the US, owners are allowed to shoot trespassers [scarsdalemura-kara.com].
That would put a dent in spyware installation.
Re:The Feds Have Taken The First Step (Score:3, Funny)
I like
Tresspassers will be experimented upon.
Re:The Feds Have Taken The First Step (Score:2)
Although under most laws it is not technically true that someone has to trespass a second time before they can be prosecuted, it is true that most laws require some type of prior notice.
Posting is required in some jurisdictions.
Trespass!? How about Break and Enter? (Score:5, Insightful)
If I've ever said "there oughta be a law", here is where it most certainly applies.
Makes Sense to Me (Score:5, Interesting)
Re:Makes Sense to Me (Score:5, Informative)
"One of the defendants supposedly has an end user license agreement pursuant to which computer users are to be informed that spyware will be installed. However, the plaintiff alleged that that defendant has three means by which to avoid showing this agreement to computer users."
Re:Makes Sense to Me (Score:5, Insightful)
Exactly, where will this end. If spyware is trespass how about all the advertisements or demo software that is routinely installed with commercial applications.
From TFA the defendants caused spyware to be downloaded onto his computer.
It would be interesting to know how exactly the defendants 'caused spyware to be downloaded'. Looks to me like the plaintiff was visiting sites that had spyware attached to them, he shouldn't have visited these sites if he didn't want spyware installed. That's what I do. It's like he had a party and his guests brought some friends. Now he wants to charge his guest's friends with tresspassing. Would make more sense to be careful who you invited to start with.
How about (Score:2)
Re:Makes Sense to Me (Score:2)
One could ask the interlopers to leave. If they don't, then they are trespassing. And in any case, it wouldn't be legal for them to take your checkbook and ID with them.
Re:Makes Sense to Me (Score:2)
Aahh, but wouldn't this be theft and not trespass?
Re:Makes Sense to Me (Score:4, Insightful)
That reminds me of a help desk tech I was in a Y-jack with one day, telling a customer not to use a firewall because of the problems they cause. I muted him and asked, "Ok, so what if they run a program that is actually a trojan?" His response, "Well they shouldn't do that."
Great non-answer. How's the guy supposed to know which sites are safe and which aren't?
Friends go home (Score:2)
If his friends start sleeping on your couch, or you invite him to stay the night and they kick back on the floor too, then you've got a good reason to call 911. Or get out your shotgun, if you're that kind.
--LWM
Obligatory (Score:2)
Re:Makes Sense to Me (Score:2)
How was the plaintiff to know they were going to download spyware before he went there? It's not like the link says, "Click here to visit a site that installs spyware." I've visited a few, seemingly innocent sites and had them try to download viruses. In
Re:Makes Sense to Me (Score:2)
Re:Makes Sense to Me (Score:3, Insightful)
Re:Makes Sense to Me (Score:2)
Anyone that ventures away from an established, responsible corporate or government site should be prepared to encounter spyware.
Yeah, it's a dangerous world. Doesn't mean that hijacking someone's computer should be legal.
Poking our head in the sand by legislating this isn't going to help.
Setting a precedent saying that this is illegal does help. Once it's set, suing the next guy is easier.
Re:Makes Sense to Me (Score:2)
Misleading software (Score:2)
Isn't it still some sort of crime to impersonate the cable guy (or whoever) and gain entrance to a house? That would be analagous to the kind of trespass we're talking about. The 'consent' is obtained by deceit.
I guess spyware is like vampires... (Score:2)
interpreting the law (Score:2)
I guess this is one approach. Personally I think there needs to be a whole new slew of laws written specifically for cyber space. Ok great so we have determined the law was broken. It's usually the extradition part that's sorta hard concidering these firms need just move to bermuda. I think it would be interesting if a new section be formed under the judicial branch that dictates whether internet sites break US law and firewall there as slike china I'm serious there has to be a point where this is filtere
Re:interpreting the law (Score:3, Insightful)
I wish you weren't. If you want to live in a communist dictatorship please move to China - don't make the U.S. one. Living in the 'land of the free' comes with some responsibilities. If you want the content filtered, filter it where the Internet comes in to your house, don't infringe on other's rights to download and view whatever they want to. Problem with a 'whole new slew of laws' is that the only way to enforce them results on infringment
Re:interpreting the law (Score:2)
Re:interpreting the law (Score:2)
Then we level the playing field by increasing the duties on products they produce. They leave do dodge a legal penalty, they pay extra to bring their stuff back in for sale - make the import penalty equal to the legal damages. (I personally feel we should be doing this to corporations that set up tax shelters in places like Antigua, but that's just me).
Of course, I know it'll never happen, but it's a t
No dammit! (Score:5, Insightful)
Real and virtual property are basically the same when it comes to access rights, and what most people would find acceptable. If something is open to the public and inviting, like a store front or a public website on port 80, clearly it's an invitation to all to come on in. You only have to stay out if the owner explicitly forbids you access. If something is locked up, like a private residence or a passworded SSH server, it's clearly a message that you need to obtain permission first to come in, otherwise stay out. Likewise, regardless of permission, you aren't allowed to destroy anything.
Basic property law really can be very well applied to virtual property, in such a way that I think everyone would understand it and most resonable people would agree it's a good set of rules. We don't need a whole new set of complecated laws for it.
Re:interpreting the law (Score:3, Interesting)
Trespassing? (Score:2)
But if I had a shirt saying I was an AC... (Score:2)
Prison time (Score:2, Insightful)
but who is guilty, the people who create the malware or the people that finance them [benedelman.org] ?
im looking forward to seeing a few more executives in jail, they seem to think if you wear a suit and have a PLC/INC you can do what you want without recourse
"installing through security holes" (Score:2)
Isn't that a virus or a break-in that's already illegal?
P.S. Thank you for posting that site. Now I can make sure that my "Adblock" ad-in for Firefox will block those companies.
Re:Prison time (Score:2)
Neither. It's the person who actually acts to put that software on your machine. Sometimes those are the same person, but it's the act that counts.
im looking forward to seeing a few more executives in jail, they seem to think if you wear a suit and have a PLC/INC you can do what you want without recourse
Tell that the executives who are in jail. The people that own and operate legitimate businesses hear this all the
So I guess that what we need now.... (Score:2)
King Tut's Abacus (Score:4, Insightful)
in case you don't rtfa (Score:5, Informative)
The court did not make a ruling... YET (Score:5, Insightful)
Go after Sony (Score:2)
Next Up: Zoning, Public Right of Way (Score:2, Interesting)
REALLY dangerous precedent here (Score:3, Insightful)
No, this is an example of a really dangerous precedent.
What if, for example, I was to send you an email contained a corrupted file that crashed your system?
Is that tresspass too?
How the fuck do we know?
Part of the reason for having laws, it to have it clearly spelled out, what we can and cannot do within the bounds of the law.
Rulings like this are really dangerous because they throw the established legal meaning and inperpretations to the wind.
Computer crime laws exist and they are there for a reason. If they are not strong enough, that is a job for the legislature, not the judiciary.
Sure it's important to catch these jackasses, but it's not so important that we should forget why we have written laws in the first place. A person should be able to know very clearly what they can and cannot do.
Rulings like this are very dangerous, as the judge if effectively just making shit up and ruling by analogy.
Can they start charging people who call on the phone too? We don't know.
With judgment like this, you could be declared a criminal at any moment.
No matter what you do, with enough bad analogies and hyperbole, it could be compared with something illegal. Is that really what you want?
Re:REALLY dangerous precedent here (Score:3, Insightful)
And when you vist that webpage you got the spyware from you deliberately chose to go there and download that information too.
See how muddled it gets?
You can say that because X happened or because Y happe
Nice Review of the Cases (Score:2)
All EULA software can share the blame (Score:2, Interesting)
It's one of the things that makes me appreciate free soft
finally (Score:2)
can you imagine the class action law suit that this could lead to? and not just for spyware, but spam and abusive cookies too... oh what a beautiful thing it will be should it ever happen.
The best "no tresspassing" sign you can make (Score:2)
Either that or you can go the expensive route and buy a Mac or Amiga, or some other Non-Windows based computer.
Clearly Illegal (Score:2, Interesting)
Putting a pop-up on my screen to sell me a product to get rid of popups is like putting a rock through the window of my house with a note advertising your window company.
Would anyone argue that the second situation is legal or that these two situations are dramatically different?
The only argument that they are different is whether or not they are destroying your property with
About time too (Score:2)
"historical legal theories" are just fine (Score:2)
YAYY!!!! (Score:3, Interesting)
I don't know what takes people so long to come round. From my old Windows days, I literally scoured every directory, not just for spyware, but ANYthing I didn't want. It was a big motivation for my move to Linux. We ALL have the right to say how every single byte of memory is used. Executable too big? Bundled with crap I don't use? Too skeaky with your files nested inside directories with unpronouncable names? Hiding your source code from me? Out you go! Restrictive rights? Copy-protection? EULA? Bullshit! As long as I don't *share* the file with anybody else, I hold that it's within my perfect right to HEX edit, reverse engineer, and (MOST importantly) FIX it!
I figure, as long as I already spent the money and no-one else sees it, it's my disk, regardless of whether I port it to a different file system, use it for a coaster, or cat the binary into a bitmap to make abstract art. It is the classic victimless crime. Meanwhile, anybody who tries to exert control over My computer, with or without my "consent" is wrong! (By "consent" I mean: I had no choice but to use your crap or get fired, to use your crap I had to check the box swearing that you own my children: NOT consent, at all. I check the boxes...and lie like hell!)
It is JUST as bad to put a pop-up dialog in my face without my asking for it as it is to break into my house and spray-paint graffitti on the walls. The same way wrong to clog my inbox with spam as it is to scatter trash on my lawn. Should be illegal to sell me software without offering me the RIGHT to see the source code for free as it is to sell me a prepared food without showing me the ingredients and nutritional information. It is JUST as wrong to take over my machine as it is to steal my car. It is IDENTICALLY as stupid to build a computer that's locked shut so I can't upgrade it myself as it is to sell me a car with the hood padlocked shut so I can't even check the oil. What took us so long to apply the same logic to our computer that we have to our other possessions?
All computer users...if you'll pardon the soap-boxing from the deliriously ranting man...you have been screwed long enough, and it's time you demanded that it stop!
Re:So uh, Is Microsoft guilty of aiding and abetti (Score:2)
Re:Can we also apply this to SPAM? (Score:2)
Re:Can we also apply this to SPAM? (Score:3, Interesting)
Ironically I have _always_ felt spam to be trespass.
It is MY inbox. On my domain. On my server. In my house.
Through a connection that I pay for. On equipment
I've paid for. To a domain I've paid for.
God help the first spammer I MEET. Anywhere. Anytime.
Of course the same applies to telemarketing, which the
law certainly disagrees with me on that matter. Very sad
state of affairs all this technology has brought to us...
Re:well, not really (Score:2)
Re:well, not really (Score:2)
Re:well, not really (Score:2)
Like:
"WARNING! By installing this software you'll also install our internet monitoring technology. This may slow down your machine and cause ads to pop up in the least expected moment. Do you want to continue?"
Re:YEA (Score:5, Funny)
Re:YEA (Score:2)
No, just scripting web browsers like Firefox, Opera, and IE.....Linux based spyware may not be as crappy as Windows based spyware, but that's just due to the stability of the underlying operating system.
Re:Let me be the first (Score:2)
OTOH, why is the slashdot community constantly defending freedom when it comes to P2P networks, but the first on the bandwagon to condemn spyware. Should we support laws that interfere with the natural evolution of the Internet just because we disagree with the applications that ar
Re:Let me be the first (Score:2)
Sure, you could read all the very small print, but the point is that if the spyware companies were to make it explicit that the malware app was to be installed (I think like Bearshare used to - 'we install ad programs to fund this app so you can use it for free - for no a
Re:Let me be the first (Score:2)
Hmm... I disagree. I think the majority here at slashdot condemns spyware for the same reason they condemn spam, it's annoying. Spyware is a real pain to deal with. Lots of things are hidden for one reason or another, you rarely find anyone up in arms about DLLs a M
Re:Let me be the first (Score:2)
Because spyware be definition spies, while Peer2Peer shares. Spyware also resists being removed in many cases, either through poor programming or in a deliberate attempt to evade removal such as Hotbar, CoolWebSearch, or 180Solutions.
If it talks like a virus, and walks like a virus, it's a virus. P2P doesn't act like a virus [in most cases], it's more like a web bro
Re:However (Score:2)
Re:The basis of the law is still the same (Score:2)
It sounds like you're using XP's "firewall" that only blocks incoming packets, but lets everything out. I have a better, real firewall. When a program tries to phone home, my firewall asks if I want to allow it. If I don't know what the program is, I tell it not to allow outbound access, now or ever and that program's stuck. Then, I ch
Re:Southern States (Score:2)