Topic 10: Spyware and Cookies
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This topic discusses the liability issues surrounding spyware and cookies.
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Introduction
Definition of the term ‘Spyware’
The term ‘spyware’ refers to software that is secretly installed on a PC or other computing device such as a PDA, which conducts or enables surveillance of the computer user.  Mathias Klang has identified four criteria that are useful in classifying software as spyware.  See also Paul Scwartz’s article.
1. The installation of the software occurs without the explicit knowledge of the user.
2. The software collects personal data or facilitates the collection of such data.
3. The software utilises the user’s internet connection to upload the personal data to an information database
4. The information is collated and applied by marketers.

The software can also be used for more nefarious purposes such as altering the computer cursor, installation of identifiers which facilitate tracking of online activity, for connecting affected computers to a network and to alter the computer’s dial up access preferences such that the user connects to the internet via a premium rate phone number.  Spyware also refers to adware, tracking cookies and Trojan horses. 

Cookies are英语论文网 【http://www.51lunwen.org】 HTML text files placed on a computer user’s hard drive when the user has visited a website.  Cookies contain personal information about the user and are designed to customise subsequent visits to that website.  For example the website may remember the credit card details of the user or the user’s favourite music genre or film preferences. Cookies are by and large legitimate and useful tools but it is essential that the computer user receive clear and precise information about their purpose and a right to refuse them, even if that restricts functionality of the website or even access to the site.  A visit to one website may result in a number of cookies being placed on the user’s system, in order to fulfil the user’s requests. 
A particularly invasive spyware program was developed by TrueActive. Individuals could install the program on another user’s computer simply by sending an e-mail to the user’s computer. 
Spyware may be installed either completely secretly or is attached as a part of a software package the user installs onto their machine. The contractual small print may provide for such authorisation. The legality of shrinkwrap and clickwrap licences conditions is a highly controversial area of law. In certain jurisdictions, the small print contained in such agreements may be declared inapplicable against the consumer as an abuse of the power of the seller/provider of the software.  
The furtive nature of the installation 本文来自：英语论文网 【http://www.51lunwen.org】