A computer virus is a computer program that can copy itself and infect a computer. The term "virus" is also commonly but erroneously used to refer to other types of malware, adware, and spyware programs that do not have the reproductive ability. A true virus can only spread from one computer to another (in some form of executable code) when its host is taken to the target computer; for instance because a user sent it over a network or the Internet, or carried it on a removable medium such as a floppy disk, CD, DVD, or USB drive. Viruses can increase their chances of spreading to other computers by infecting files on a network file system or a file system that is accessed by another computer.

The term "computer virus" is sometimes used as a catch-all phrase to include all types of malware. Malware includes computer viruses, worms, trojan horses, most rootkits, spyware, dishonest adware, crimeware, and other malicious and unwanted software, including true viruses. Viruses are sometimes confused with computer worms and Trojan horses, which are technically different. A worm can exploit security vulnerabilities to spread itself to other computers without needing to be transferred as part of a host, and a Trojan horse is a program that appears harmless but has a hidden agenda. Worms and Trojans, like viruses, may cause harm to either a computer system's hosted data, functional performance, or networking throughput, when they are executed. Some viruses and other malware have symptoms noticeable to the computer user, but many are surreptitious.


Infection strategies


In order to replicate itself, a virus must be permitted to execute code and write to memory. For this reason, many viruses attach themselves to executable files that may be part of legitimate programs. If a user attempts to launch an infected program, the virus' code may be executed simultaneously. Viruses can be divided into two types based on their behavior when they are executed. Nonresident viruses immediately search for other hosts that can be infected, infect those targets, and finally transfer control to the application program they infected. Resident viruses do not search for hosts when they are started. Instead, a resident virus loads itself into memory on execution and transfers control to the host program. The virus stays active in the background and infects new hosts when those files are accessed by other programs or the operating system itself.


Nonresident viruses

Nonresident viruses can be thought of as consisting of a finder module and a replication module. The finder module is responsible for finding new files to infect. For each new executable file the finder module encounters, it calls the replication module to infect that file.


Resident viruses

Resident viruses contain a replication module that is similar to the one that is employed by nonresident viruses. This module, however, is not called by a finder module. The virus loads the replication module into memory when it is executed instead and ensures that this module is executed each time the operating system is called to perform a certain operation. The replication module can be called, for example, each time the operating system executes a file. In this case the virus infects every suitable program that is executed on the computer.

Resident viruses are sometimes subdivided into a category of fast infectors and a category of slow infectors. Fast infectors are designed to infect as many files as possible. A fast infector, for instance, can infect every potential host file that is accessed. This poses a special problem when using anti-virus software, since a virus scanner will access every potential host file on a computer when it performs a system-wide scan. If the virus scanner fails to notice that such a virus is present in memory the virus can "piggy-back" on the virus scanner and in this way infect all files that are scanned. Fast infectors rely on their fast infection rate to spread. The disadvantage of this method is that infecting many files may make detection more likely, because the virus may slow down a computer or perform many suspicious actions that can be noticed by anti-virus software. Slow infectors, on the other hand, are designed to infect hosts infrequently. Some slow infectors, for instance, only infect files when they are copied. Slow infectors are designed to avoid detection by limiting their actions: they are less likely to slow down a computer noticeably and will, at most, infrequently trigger anti-virus software that detects suspicious behavior by programs. The slow infector approach, however, does not seem very successful.

Vectors and hosts

Viruses have targeted various types of transmission media or hosts. This list is not exhaustive:

PDFs, like HTML, may link to malicious code.PDFs can also be infected with malicious code.

In operating systems that use file extensions to determine program associations (such as Microsoft Windows), the extensions may be hidden from the user by default. This makes it possible to create a file that is of a different type than it appears to the user. For example, an executable may be created named "picture.png.exe", in which the user sees only "picture.png" and therefore assumes that this file is an image and most likely is safe.

An additional method is to generate the virus code from parts of existing operating system files by using the CRC16/CRC32 data. The initial code can be quite small (tens of bytes) and unpack a fairly large virus. This is analogous to a biological "prion" in the way it works but is vulnerable to signature based detection.

This attack has not yet been seen "in the wild".

                                                                      SPYWARES                                                            

Spyware is a type of malware that is installed on computers and that collects information about users without their knowledge. The presence of spyware is typically hidden from the user. Typically, spyware is secretly installed on the user's personal computer. Sometimes, however, spywares such as keyloggers are installed by the owner of a shared, corporate, or public computer on purpose in order to secretly monitor other users.

While the term spyware suggests software that secretly monitors the user's computing, the functions of spyware extend well beyond simple monitoring. Spyware programs can collect various types of personal information, such as Internet surfing habits and sites that have been visited, but can also interfere with user control of the computer in other ways, such as installing additional software and redirecting Web browser activity. Spyware is known to change computer settings, resulting in slow connection speeds, different home pages, and/or loss of Internet or functionality of other programs. In an attempt to increase the understanding of spyware, a more formal classification of its included software types is captured under the term privacy-invasive software.

In response to the emergence of spyware, a small industry has sprung up dealing in anti-spyware software. Running anti-spyware software has become a widely recognized element of computer security practices for computers, especially those running Microsoft Windows. A number of jurisdictions have passed anti-spyware laws, which usually target any software that is surreptitiously installed to control a user's computer. The US Federal Trade Commission has placed on the Internet a page of advice to consumers about how to lower the risk of spyware infection, including a list of "do's" and "don'ts."

The first recorded use of the term spyware occurred on October 16, 1995 in a Usenet post that poked fun at Microsoft's business model.[2] Spyware at first denoted hardware meant for espionage purposes. However, in early 2000 the founder of Zone Labs, Gregor Freund, used the term in a press release for the ZoneAlarm Personal Firewall.[3] Since then, "spyware" has taken on its present sense.[3] According to a 2005 study by AOL and the National Cyber-Security Alliance, 61 percent of surveyed users' computers had some form of spyware. 92 percent of surveyed users with spyware reported that they did not know of its presence, and 91 percent reported that they had not given permission for the installation of the spyware.[4] As of 2006, spyware has become one of the preeminent security threats to computer systems running Microsoft Windows operating systems. Computers where Internet Explorer (IE) is the primary browser are particularly vulnerable to such attacks not only because IE is the most widely-used,[5] but because its tight integration with Windows allows spyware access to crucial parts of the operating system.[5][6]

Before Internet Explorer 7 was released, the browser would automatically display an installation window for any ActiveX component that a website wanted to install. The combination of user naiveté towards malware and the assumption by Internet Explorer that all ActiveX components are benign, led, in part, to the massive spread of spyware. Many spyware components would also make use of exploits in Javascript, Internet Explorer and Windows to install without user knowledge or permission.

The Windows Registry contains multiple sections that by modifying keys values allows software to be executed automatically when the operating system boots. Spyware can exploit this design to circumvent attempts at removal. The spyware typically will link itself from each location in the registry that allows execution. Once running, the spyware will periodically check if any of these links are removed. If so, they will be automatically restored. This ensures that the spyware will execute when the operating system is booted even if some (or most) of the registry links are removed.

Trend Micro Inc. defines Spyware as "[...] a program that monitors and gathers user information for different purposes.."

McAfee Inc. defines Spyware as "Software that transmits personal information to a third party without the user's knowledge or consent."

                      Spyware, adware and tracking

The term adware frequently refers to any software which displays advertisements, whether or not the user has consented. Programs such as the Eudora mail client display advertisements as an alternative to shareware registration fees. These classify as "adware" in the sense of advertising-supported software, but not as spyware. Adware in this form does not operate surreptitiously or mislead the user, and provides the user with a specific service.

Most adware is spyware in a different sense than "advertising-supported software," for a different reason: it displays advertisements related to what it finds from spying on you. Gator Software from Claria Corporation (formerly GATOR) and Exact Advertising's BargainBuddy are examples. Visited Web sites frequently install Gator on client machines in a surreptitious manner, and it directs revenue to the installing site and to Claria by displaying advertisements to the user. The user receives many pop-up advertisements.

Other spyware behavior, such as reporting on websites the user visits, occurs in the background. The data is used for "targeted" advertisement impressions. The prevalence of spyware has cast suspicion upon other programs that track Web browsing, even for statistical or research purposes. Some observers describe the Alexa Toolbar, an Internet Explorer plug-in published by Amazon.com, as spyware, and some anti-spyware programs such as Ad-Aware report it as such. Many of these adware distributing companies are backed by millions of dollars of adware-generating revenues. Adware and spyware are similar to viruses in that they can be considered malicious in nature. People are profiting from misleading adware, sometimes known as scareware, such as Antivirus 2009.

Similarly, software bundled with free, advertising-supported programs such as P2P act as spyware, (and if removed disable the 'parent' program) yet people are willing to download it. This presents a dilemma for proprietors of anti-spyware products whose removal tools may inadvertently disable wanted programs. For example, recent test results show that bundled software (WhenUSave) is ignored by popular anti-spyware program Ad-Aware, (but removed as spyware by most scanners) because it is part of the popular (but recently decommissioned) eDonkey client. To address this dilemma, the Anti-Spyware Coalition has been working on building consensus within the anti-spyware industry as to what is and isn't acceptable software behavior. To accomplish their goal, this group of anti-spyware companies, academics, and consumer groups have collectively published a series of documents including a definition of spyware, risk model, and best practices document.

                                   Spyware, virus and worm

Unlike viruses and worms, spyware does not usually self-replicate. Like many recent viruses, however, spyware—by design—exploits infected computers for commercial gain. Typical tactics include delivery of unsolicited pop-up advertisements, theft of personal information (including financial information such as credit card numbers), monitoring of Web-browsing activity for marketing purposes, and routing of HTTP requests to advertising sites.

However, spyware can be dropped as a payload by a worm.

Spyware does not directly spread in the manner of a computer virus or worm: generally, an infected system does not attempt to transmit the infection to other computers. Instead, spyware gets on a system through deception of the user or through exploitation of software vulnerabilities.

Most spyware is installed without users' knowledge. Since they tend not to install software if they know that it will disrupt their working environment and compromise their privacy, spyware deceives users, either by piggybacking on a piece of desirable software such as Kazaa, or by tricking them into installing it (the Trojan horse method). Some "rogue" anti-spyware programs masquerade as security software.

The distributor of spyware usually presents the program as a useful utility—for instance as a "Web accelerator" or as a helpful software agent. Users download and install the software without immediately suspecting that it could cause harm. For example, Bonzi Buddy, a program bundled with spyware and targeted at children, claims that:

He will explore the Internet with you as your very own friend and sidekick! He can talk, walk, joke, browse, search, e-mail, and download like no other friend you've ever had! He even has the ability to compare prices on the products you love and help you save money! Best of all, he's FREE!

Spyware can also come bundled with other software. The user downloads a program and installs it, and the installer additionally installs the spyware. Although the desirable software itself may do no harm, the bundled spyware does. In some cases, spyware authors have paid shareware authors to bundle spyware with their software. In other cases, spyware authors have repackaged desirable freeware with installers that slipstream spyware.

Some spyware authors infect a system through security holes in the Web browser or in other software. When the user navigates to a Web page controlled by the spyware author, the page contains code which attacks the browser and forces the download and installation of spyware. The spyware author would also have some extensive knowledge of commercially-available anti-virus and firewall software. This has become known as a "drive-by download", which leaves the user a hapless bystander to the attack. Common browser exploits target security vulnerabilities in Internet Explorer and in the Sun Microsystems Java runtime.

The installation of spyware frequently involves Internet Explorer. Its popularity and history of security issues have made it the most frequent target. Its deep integration with the Windows environment and scriptability make it an obvious point of attack into Windows. Internet Explorer also serves as a point of attachment for spyware in the form of Browser Helper Objects, which modify the browser's behavior to add toolbars or to redirect traffic.

In a few cases, a worm or virus has delivered a spyware payload. Some attackers used the Spybot worm to install spyware that put pornographic pop-ups on the infected system's screen. By directing traffic to ads set up to channel funds to the spyware authors, they profit personally.

                             Effects and behaviors

A spyware program is rarely alone on a computer: an affected machine usually has multiple infections. Users frequently notice unwanted behavior and degradation of system performance. A spyware infestation can create significant unwanted CPU activity, disk usage, and network traffic. Stability issues, such as applications freezing, failure to boot, and system-wide crashes, are also common. Spyware, which interferes with networking software commonly causes difficulty connecting to the Internet.

In some infections, the spyware is not even evident. Users assume in those situations that the issues relate to hardware, Windows installation problems, or another Infection. Some owners of badly infected systems resort to contacting technical support experts, or even buying a new computer because the existing system "has become too slow". Badly infected systems may require a clean reinstallation of all their software in order to return to full functionality.

Only rarely does a single piece of software render a computer unusable. Rather, a computer is likely to have multiple infections. The cumulative effect, and the interactions between spyware components, causes the symptoms commonly reported by users: a computer, which slows to a crawl, overwhelmed by the many parasitic processes running on it. Moreover, some types of spyware disable software firewalls and anti-virus software, and/or reduce browser security settings, thus opening the system to further opportunistic infections, much like an immune deficiency disease. Some spyware disables or even removes competing spyware programs, on the grounds that more spyware-related annoyances make it even more likely that users will take action to remove the programs. One spyware maker, Avenue Media, even sued a competitor, Direct Revenue, over this; the two later settled with an agreement not to disable each others' products.[12]

Some other types of spyware use rootkit like techniques to prevent detection, and thus removal. Targetsoft, for instance, modifies the "Winsock" Windows Sockets files. The deletion of the spyware-infected file "inetadpt.dll" will interrupt normal networking usage.

A typical Windows user has administrative privileges, mostly for convenience. Because of this, any program the user runs (intentionally or not) has unrestricted access to the system. As with other operating systems, Windows users too are able to follow the principle of least privilege and use non-administrator least user access accounts, or to reduce the privileges of specific vulnerable Internet-facing proceses such as Internet Explorer (through the use of tools such as DropMyRights). However as this is not a default configuration, few users do this.

In Windows Vista, by default, a computer administrator runs everything under a limited user privileges. When a program requires administrative privileges, Vista will prompt the user with an allow/deny pop-up, see User Account Control. This improves on the design used by previous versions of Windows.

                                                       Advertisements

Many spyware programs display advertisements. Some programs simply display pop-up ads on a regular basis; for instance, one every several minutes, or one when the user opens a new browser window. Others display ads in response to specific sites that the user visits. Spyware operators present this feature as desirable to advertisers, who may buy ad placement in pop-ups displayed when the user visits a particular site. It is also one of the purposes for which spyware programs gather information on user behavior.

Many users complain about irritating or offensive advertisements as well. As with many banner ads, many spyware advertisements use animation or flickering banners which can be visually distracting and annoying to users. Pop-up ads for pornography often display indiscriminately. Links to these sites may be added to the browser window, history or search function. When children are the users, this could possibly violate anti-pornography laws in some jurisdictions.

A number of spyware programs break the boundaries of illegality; variations of “Zlob.Trojan” and “Trojan-Downloader.Win32.INService” have been known to show undesirable child pornography, key gens, cracks and illegal software pop-up ads which violate child pornography and copyright laws. [13][14][15][16]

A further issue in the case of some spyware programs has to do with the replacement of banner ads on viewed web sites. Spyware that acts as a web proxy or a Browser Helper Object can replace references to a site's own advertisements (which fund the site) with advertisements that instead fund the spyware operator. This cuts into the margins of advertising-funded Web sites.

                  "Stealware" and affiliate fraud

A few spyware vendors, notably 180 Solutions, have written what the New York Times has dubbed "stealware", and what spyware researcher Ben Edelman terms affiliate fraud, a form of click fraud. Stealware diverts the payment of affiliate marketing revenues from the legitimate affiliate to the spyware vendor.

Spyware which attacks affiliate networks places the spyware operator's affiliate tag on the user's activity—replacing any other tag, if there is one. The spyware operator is the only party that gains from this. The user has their choices thwarted, a legitimate affiliate loses revenue, networks' reputations are injured, and vendors are harmed by having to pay out affiliate revenues to an "affiliate" who is not party to a contract.

Affiliate fraud is a violation of the terms of service of most affiliate marketing networks. As a result, spyware operators such as 180 Solutions have been terminated from affiliate networks including LinkShare and ShareSale.

           Identity theft and fraud

In one case, spyware has been closely associated with identity theft. In August 2005, researchers from security software firm Sunbelt Software suspected the creators of the common CoolWebSearch spyware had used it to transmit "chat sessions, user names, passwords, bank information, etc.", however it turned out that "it actually (was) its own sophisticated criminal little trojan that's independent of CWS." This case is currently under investigation by the FBI.

The Federal Trade Commission estimates that 27.3 million Americans have been victims of identity theft, and that financial losses from identity theft totaled nearly $48 billion for businesses and financial institutions and at least $5 billion in out-of-pocket expenses for individuals.

Spyware-makers may commit wire fraud with dialer program spyware. These can reset a modem to dial up a premium-rate telephone number instead of the usual ISP. Connecting to these suspicious numbers involves long-distance or overseas charges which invariably result in high call costs. Dialers are ineffective on computers that do not have a modem, or are not connected to a telephone line.

          Digital rights management

Some copy-protection technologies have borrowed from spyware. In 2005, Sony BMG Music Entertainment was found to be using rootkits in its XCP digital rights management technology Like spyware, not only was it difficult to detect and uninstall, it was so poorly written that most efforts to remove it could have rendered computers unable to function. Texas Attorney General Greg Abbott filed suit,and three separate class-action suits were filed. Sony BMG later provided a workaround on its website to help users remove it.

Beginning in April 25, 2006, Microsoft's Windows Genuine Advantage Notifications application installed on most Windows PCs as a "critical security update". While the main purpose of this deliberately non-uninstallable application is making sure the copy of Windows on the machine was lawfully purchased and installed, it also installs software that has been accused of "phoning home" on a daily basis, like spyware. It can be removed with the RemoveWGA tool.

                                                    Personal relationship

Spyware has been used to surreptitiously monitor electronic activities of partners in intimate relationships, generally to uncover evidence of infidelity. At least one software package, Loverspy, was specifically marketed for this purpose. Depending on local laws regarding communal/marital property, observing a partner's online activity without their consent may be illegal; the author of Loverspy and several users of the product were indicted in California in 2005 on charges of wiretapping and various computer crimes.

             Browser cookies

Anti-spyware programs often report Web advertisers' HTTP cookies, the small text files that track browsing activity, as spyware. While they are not always inherently malicious, many users object to third parties using space on their personal computers for their business purposes, and many anti-spyware programs offer to remove them. 

           Examples of spyware

These common spyware programs illustrate the diversity of behaviors found in these attacks. Note that as with computer viruses, researchers give names to spyware programs which may not be used by their creators. Programs may be grouped into "families" based not on shared program code, but on common behaviors, or by "following the money" of apparent financial or business connections. For instance, a number of the spyware programs distributed by Claria are collectively known as "Gator". Likewise, programs which are frequently installed together may be described as parts of the same spyware package, even if they function separately.

  • CoolWebSearch, a group of programs, takes advantage of Internet Explorer vulnerabilities. The package directs traffic to advertisements on Web sites including coolwebsearch.com. It displays pop-up ads, rewrites search engine results, and alters the infected computer's hosts file to direct DNS lookups to these sites.
  • Internet Optimizer, also known as DyFuCa, redirects Internet Explorer error pages to advertising. When users follow a broken link or enter an erroneous URL, they see a page of advertisements. However, because password-protected Web sites (HTTP Basic authentication) use the same mechanism as HTTP errors, Internet Optimizer makes it impossible for the user to access password-protected sites.[
  • HuntBar, aka WinTools or Adware.Websearch, was installed by an ActiveX drive-by download at affiliate Web sites, or by advertisements displayed by other spyware programs—an example of how spyware can install more spyware. These programs add toolbars to IE, track aggregate browsing behavior, redirect affiliate references, and display advertisements.
  • MyWebSearch (of Fun Web Products) has a plugin that displays a search toolbar near the top of a browser window, and it spies to report user search-habits. MyWebSearch is notable for installing over 210 computer settings, such as over 210 MS Windows registry keys/values.Beyond the browser plugin, it has settings to affect Outlook, email, HTML, XML, etc. Although tools exist to remove MyWebSearch,it can be hand-deleted in 1 hour, by users familiar with using Regedit to find and delete keys/values (named with "MyWebSearch"). After reboot, the browser returns to the prior display appearance.
  • WeatherStudio has a plugin that displays a window-panel near the bottom of a browser window. The official website notes that it is easy to remove (uninstall) WeatherStudio from a computer, using its own uninstall-program, such as under MS Windows C:\Program Files\WeatherStudio. Once WeatherStudio is removed, a browser returns to the prior display appearance, without the need to modify the browser settings.
  • Zango (formerly 180 Solutions) transmits detailed information to advertisers about the Web sites which users visit. It also alters HTTP requests for affiliate advertisements linked from a Web site, so that the advertisements make unearned profit for the 180 Solutions company. It opens pop-up ads that cover over the Web sites of competing companies (as seen in their [Zango End User License Agreement]).[
  • Zlob trojan, or just Zlob, downloads itself to a computer via an ActiveX codec and reports information back to Control Server[citation needed]. Some information can be the search-history, the Websites visited, and even keystrokes.[citation needed] More recently, Zlob has been known to hijack routers set to defaults.

          Legal issues related to spyware

Criminal law

Unauthorized access to a computer is illegal under computer crime laws, such as the U.S. Computer Fraud and Abuse Act, the U.K.'s Computer Misuse Act and similar laws in other countries. Since the owners of computers infected with spyware generally claim that they never authorized the installation, a prima facie reading would suggest that the promulgation of spyware would count as a criminal act. Law enforcement has often pursued the authors of other malware, particularly viruses. However, few spyware developers have been prosecuted, and many operate openly as strictly legitimate businesses, though some have faced lawsuits.

Spyware producers argue that, contrary to the users' claims, users do in fact give consent to installations. Spyware that comes bundled with shareware applications may be described in the legalese text of an end-user license agreement (EULA). Many users habitually ignore these purported contracts, but spyware companies such as Claria claim these demonstrate that users have consented.

Despite the ubiquity of EULAs and of "clickwrap" agreements, under which a single click can be taken as consent to the entire text, relatively little case law has resulted from their use. It has been established in most common law jurisdictions that a clickwrap agreement can be a binding contract in certain circumstances. This does not, however, mean that every such agreement is a contract or that every term in one is enforceable.

Some jurisdictions, including the U.S. states of Iowaand Washington, have passed laws criminalizing some forms of spyware. Such laws make it illegal for anyone other than the owner or operator of a computer to install software that alters Web-browser settings, monitors keystrokes, or disables computer-security software.

In the United States, lawmakers introduced a bill in 2005 entitled the Internet Spyware Prevention Act, which would imprison creators of spyware.

                     Administrative sanctions

                                             US FTC actions

The US Federal Trade Commission has sued Internet marketing organizations under the "unfairness doctrine" to make them stop infecting consumers’ PCs with spyware. In one case, that against Seismic Entertainment Productions, the FTC accused the defendants of developing a program that seized control of PCs nationwide, infected them with spyware and other malicious software, bombarded them with a barrage of pop-up advertising for Seismic’s clients, exposed the PCs to security risks, and caused them to malfunction, slow down, and, at times, crash. Seismic then offered to sell the victims an “antispyware” program to fix the computers, and stop the popups and other problems that Seismic had caused. On November 21, 2006, a settlement was entered in federal court under which a $1.75 million judgment was imposed in one case and $1.86 million in another, but the defendants were insolvent

In a second case, brought against CyberSpy Software LLC, the FTC charged that CyberSpy marketed and sold "RemoteSpy" keylogger spyware to clients who would then secretly monitor unsuspecting consumers’ computers. According to the FTC, Cyberspy touted RemoteSpy as a “100% undetectable” way to “Spy on Anyone. From Anywhere.” The FTC has obtained a temporary order prohibiting the defendants from selling the software and disconnecting from the Internet any of their servers that collect, store, or provide access to information that this software has gathered. The case is still in its preliminary stages. A complaint filed by the Electronic Privacy Information Center (EPIC) brought the RemoteSpy software to the FTC’s attention.[

                                      Netherlands OPTA

An administrative fine, first of its kind in Europe, has been taken by the Independent Authority of Posts and Telecommunications (OPTA) from the Netherlands. It applied fines in total value of Euro 1,000,000 for infecting 22 million computers. The spyware is called DollarRevenue. The law articles which have been violated are art. 4.1 of the Dutch telecommunications law; the fines have been given based on art. 15.4 taken together with art. 15.10. A part of these fines has to be paid by the directors of these companies in their own person, i.e. not from the accounts of their companies, but from their personal fortunes. Since a protest procedure has been taken, the fines will have to be paid after a Dutch law court will take a decision in this case. The culprits maintain that the evidence for violating the two law articles has been obtained illegally. The names of the directors and the names of the companies have not been revealed, since it is not clear that OPTA is allowed to make such information public.

                    Civil law

Former New York State Attorney General and former Governor of New York Eliot Spitzer has pursued spyware companies for fraudulent installation of software. In a suit brought in 2005 by Spitzer, the California firm Intermix Media, Inc. ended up settling by agreeing to pay US$7.5 million and to stop distributing spyware.

The hijacking of Web advertisements has also led to litigation. In June 2002, a number of large Web publishers sued Claria for replacing advertisements, but settled out of court.

Courts have not yet had to decide whether advertisers can be held liable for spyware which displays their ads. In many cases, the companies whose advertisements appear in spyware pop-ups do not directly do business with the spyware firm. Rather, they have contracted with an advertising agency, which in turn contracts with an online subcontractor who gets paid by the number of "impressions" or appearances of the advertisement. Some major firms such as Dell Computer and Mercedes-Benz have sacked advertising agencies which have run their ads in spyware.[55]

   Libel suits by spyware developers

Litigation has gone both ways. Since "spyware" has become a common pejorative, some makers have filed libel and defamation actions when their products have been so described. In 2003, Gator (now known as Claria) filed suit against the website PC Pitstop for describing its program as "spyware". PC Pitstop settled, agreeing not to use the word "spyware", but continues to describe harm caused by the Gator/Claria software. As a result, other antispyware and antivirus companies have also used other terms such as "potentially unwanted programs" or greyware to denote these products.







 

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