Spyware

Definition

Malicious software that secretly monitors user activity, collects personal information, and transmits it to third parties without the user's knowledge or consent. Spyware can capture keystrokes, browsing history, passwords, emails, and other sensitive data. Unlike cookies or tracking technologies that websites disclose and obtain consent for, spyware operates covertly without transparency or permission. Types include keyloggers recording keystrokes, screen capture tools, browser hijackers redirecting web traffic, and tracking cookies that refuse to be deleted. Spyware violates privacy laws requiring transparency, consent, and user control. Organizations should: implement anti-spyware protections, conduct security audits to ensure their systems aren't compromised, avoid partnerships with entities deploying spyware-like tools, and clearly distinguish legitimate tracking (with consent) from covert monitoring. From a privacy perspective, the defining characteristic of spyware is lack of transparency and consent—similar monitoring tools may be legitimate if properly disclosed and consensually deployed. Users subject to spyware may have legal remedies under computer fraud, wiretapping, and privacy laws.

Applicable Laws & Regulations

  1. 1Computer Fraud and Abuse Act (CFAA)
  2. 2Electronic Communications Privacy Act (ECPA)
  3. 3State Computer Crime Laws

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