Spyware is a type of malicious computer program or malware that is typically installed mistakenly or inadvertently by a user. The legality of spyware is subject to debate, but in many cases spyware may not be technically considered illegal.

Function

Spyware typically installs itself on a computer when the user installs a program that he believes to be useful. The spyware then can transmit information from the user's computer to other computers on the Internet.

Transmission

Since spyware is often transmitted due to users voluntarily downloading and installing programs containing the spyware, spyware producers can claim that the users agreed to install their spyware.This makes the spyware legal.

User Agreements

Programs that have bundled spyware often have user agreements that must be agreed to before the program is installed. Users often do not read these agreements but click "I Agree" anyway, giving spyware makers an argument that users give consent to load spyware.

Spyware Laws

Certain states, including Washington and Iowa, have passed laws making certain types of spyware illegal.

Considerations

The legality of spyware is largely a gray area of Internet law, but few spyware producers have been legally prosecuted. While legal action may not be able to prevent spyware, using antivirus programs and researching programs before installing them can eliminate spyware infections.

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