Editing Spyware (section)

===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 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.<ref>"[http://blogs.zdnet.com/Spyware/?p=655 Lawsuit filed against 180solutions] {{webarchive|url=https://web.archive.org/web/20080622000428/http://blogs.zdnet.com/Spyware/?p=655 |date=June 22, 2008 }}". ''zdnet.com'' September 13, 2005</ref><ref>Hu, Jim. "[http://news.cnet.com/2110-1024_3-5287885.html 180solutions sues allies over adware] {{Webarchive|url=https://web.archive.org/web/20110810033246/http://news.cnet.com/2110-1024_3-5287885.html |date=August 10, 2011 }}". ''news.com'' July 28, 2004</ref>

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 say these demonstrate that users have consented.

Despite the ubiquity of [[EULA]]s agreements, under which a single click can be taken as consent to the entire text, relatively little [[caselaw]] has resulted from their use. It has been established in most [[common law]] jurisdictions that this type of agreement can be a binding contract ''in certain circumstances.''<ref name="clickwrap legality">Coollawyer; 2001–2006; [http://www.coollawyer.com/webfront/internet_law_library/articles/law_library_user_agreement_article.php Privacy Policies, Terms and Conditions, Website Contracts, Website Agreements] {{Webarchive|url=https://web.archive.org/web/20130513030512/http://www.coollawyer.com/webfront/internet_law_library/articles/law_library_user_agreement_article.php |date=May 13, 2013 }}; coollawyer.com. Retrieved November 28, 2006.</ref> 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]]<ref>"[http://coolice.legis.state.ia.us/cool-ice/default.asp?category=billinfo&service=iowacode&ga=83&input=715 CHAPTER 715 Computer Spyware and Malware Protection] {{webarchive|url=https://web.archive.org/web/20120406164045/https://coolice.legis.state.ia.us/cool-ice/default.asp?category=billinfo&service=iowacode&ga=83&input=715 |date=April 6, 2012 }}". ''nxtsearch.legis.state.ia.us''. Retrieved May 11, 2011.</ref> and [[Washington (state)|Washington]],<ref>[http://apps.leg.wa.gov/RCW/default.aspx?cite=19.270 Chapter 19.270 RCW: Computer spyware] {{Webarchive|url=https://web.archive.org/web/20110721073311/http://apps.leg.wa.gov/RCW/default.aspx?cite=19.270 |date=July 21, 2011 }}. ''apps.leg.wa.gov''. Retrieved November 14, 2006.</ref> 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.<ref>Gross, Grant. [http://www.infoworld.com/article/07/03/16/HNspywarebill_1.html US lawmakers introduce I-Spy bill] {{Webarchive|url=https://web.archive.org/web/20090108160532/http://www.infoworld.com/article/07/03/16/HNspywarebill_1.html |date=January 8, 2009 }}. ''InfoWorld,'' March 16, 2007. Retrieved March 24, 2007.</ref> 

Additionally, several diplomatic efforts have been made to curb the growing usage of Spywares. Launched by France and the UK in early 2024, the Pall Mall Process<ref>{{Cite web |title=The Pall Mall Process declaration: tackling the proliferation and irresponsible use of commercial cyber intrusion capabilities |url=https://www.gov.uk/government/publications/the-pall-mall-process-declaration-tackling-the-proliferation-and-irresponsible-use-of-commercial-cyber-intrusion-capabilities |access-date=2024-10-27 |website=GOV.UK |language=en}}</ref> aims to address the proliferation and irresponsible use of commercial cyber intrusion capabilities.