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Spyware refers to software programs that secretly collect information about a user's online activities, including their browsing habits. This data is often sent to third parties without the user's consent or knowledge. Spyware operates discreetly, making it challenging for users to detect its presence on their devices. It can alter system settings, install additional software, log keystrokes, and gather personal information. Furthermore, spyware may redirect web browser activity and deliver unwanted ads or spam, significantly impacting user control over their computer.
Table of content
Legal Use & context
Spyware is relevant in various legal contexts, particularly in areas concerning privacy rights, consumer protection, and cybersecurity. It often intersects with laws aimed at safeguarding individuals from unauthorized surveillance and data collection. Users may encounter legal issues related to spyware when pursuing claims against software developers or distributors who fail to disclose the presence of spyware in their applications. Legal forms related to privacy agreements, consent forms, and anti-spyware policies can be found on platforms like US Legal Forms.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
(hypothetical example) A user downloads a free software application that claims to enhance their web browsing experience. Unbeknownst to them, the software installs spyware that tracks their online purchases and sends that information to advertisers. The user begins to receive targeted ads based on their browsing history, which they never consented to share.
State-by-state differences
Examples of state differences (not exhaustive):
State
Relevant Law
California
California Consumer Privacy Act (CCPA)
New York
New York Privacy Act
Texas
Texas Identity Theft Enforcement and Protection Act
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Difference
Adware
Software that displays ads on a user's device.
Adware primarily focuses on advertising, while spyware collects personal data.
Malware
Any software designed to harm or exploit devices.
Spyware is a type of malware specifically for data collection.
Trojan Horse
A malicious program disguised as legitimate software.
Trojans can deliver spyware but have broader malicious intents.
Common misunderstandings
What to do if this term applies to you
If you suspect that spyware is present on your device, consider taking the following steps:
Run a comprehensive antivirus and anti-spyware scan on your device.
Review and uninstall any unfamiliar software applications.
Change your passwords, especially for sensitive accounts.
Consult legal resources or consider using US Legal Forms to access templates for privacy agreements or reporting spyware incidents.
If the situation is complex, seek assistance from a legal professional.
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