Spyware, which is broadly defined as software that aids in gathering information about a person or organization without their knowledge, is considered an increasingly vexing problem. Spyware programs assist users in spying on partners in intimate relationships, circumventing restrictions designed to protect copyright content and stealing personally identifiable information, among other capabilities. The Federal Trade Commission (FTC) has estimated that 27.3 million Americans have been victims of identity theft, which is closely associated with spyware, and such losses to businesses and financial institutions therefrom are approximately $48 billion dollars.
In response, federal prosecutors, state attorneys’ general, federal courts, companies and even non-governmental organizations (NGOs) are taking concerted action. For instance, just last month, a human rights group began to offer a tool to allow individuals to determine whether their electronic devices are being monitored by governmental entities by spyware. At the state level, rent-to-own retail company Aaron’s was required to pay upwards of $28 million in a settlement with the California Attorney General. Aaron’s had been accused of violating California’s unfair commercial practices and privacy laws in part because it had installed a spyware feature on its’ customers computers named “Detective Mode,” a program that allowed Aaron’s franchise employees to surreptitiously monitor the customer’s computer remotely.
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