Coddling Spies: Why the Law Doesn't Adequately Address Computer Spyware
Alan F. Blakley
Thomas M. Cooley Law School
Law & Forensics; Benjamin N. Cardozo School of Law
Rutgers, The State University of New Jersey - School of Law-Camden
Duke Law & Technology Review, Forthcoming
Consumers and businesses have attempted to use the common law of torts as well as federal statutes like the Computer Fraud and Abuse Act, the Stored Wire and Electronic Communications and Transactional Records Act, and the Wiretap Act to address the expanding problem of spyware. Spyware, which consists of software applications inserted into another's computer to report a user's activity to an outsider, is as innocuous as tracking purchases or as sinister as stealing trade secrets or an individual's identity.
Number of Pages in PDF File: 16
Keywords: spyware, software, privacy, spy ware, adware
JEL Classification: K41
Date posted: June 14, 2006
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