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Coddling Spies: Why the Law Doesn't Adequately Address Computer Spyware

16 Pages Posted: 14 Jun 2006  

Alan F. Blakley

Thomas M. Cooley Law School

Daniel Garrie

Law & Forensics; Benjamin N. Cardozo School of Law

Matthew Armstrong

Rutgers Law School

Abstract

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

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

Alan F. Blakley (Contact Author)

Thomas M. Cooley Law School ( email )

300 S. Capitol Avenue
P.O. Box 13038
Lansing, MI 48901

Daniel B. Garrie

Law & Forensics ( email )

6506 3rd Ave NW
Suite C
Seattle, WA 98117
United States
855 529 2466 (Phone)

HOME PAGE: http://www.lawandforensics.com

Benjamin N. Cardozo School of Law ( email )

55 Fifth Ave.
New York, NY 10003
United States

Matthew Armstrong

Rutgers Law School ( email )

NJ
United States

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