16 Pages Posted: 14 Jun 2006
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.
Keywords: spyware, software, privacy, spy ware, adware
JEL Classification: K41
Suggested Citation: Suggested Citation
Blakley, Alan F. and Garrie, Daniel and Armstrong, Matthew, Coddling Spies: Why the Law Doesn't Adequately Address Computer Spyware. Duke Law & Technology Review, Forthcoming. Available at SSRN: https://ssrn.com/abstract=901998