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Utah To Upgrade Anti-Spyware Law

POSTED: 4:49 am HST February 8, 2005

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Call it Anti-Spyware Law, version 2.0.

The state of Utah has had to tweak the law it passed banning ad companies from secretly installing software that keeps tabs on where computer users surf.

SPYWARE

The Spyware Control Act was forced to the sidelines in state court after the pop-up ad firm WhenU.com claimed it was unconstitutional. The judge agreed with the company's argument that Internet advertising is a matter of interstate commerce subject to federal, not state, jurisdiction.

The new version of the law requires ad companies to pause before transmitting spyware and ask whether the recipient is a Utah resident.

If so, they'd be banned from remotely installing spyware on that computer.

That version of the bill is expected to pass, become law and stand up to any further legal challenges.

Some programs that some consider spyware, like those used by KITV.com, gather only generic information about users and are not used to collect specific information like e-mail addresses or account information.

However, some spyware can be more invasive, tracking many aspects of online activity, including personal information and passwords.

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