First Do No Harm: The Problem of Spyware
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Overview: Online problems are popularly understood to be easily susceptible to offline legal categorizations and, thus, solutions. ""There is nothing new under the sun,"" people say to one another over and over again in the cyberlaw arena. But spyware appears to be an exception to this received world view. There is nothing quite like spyware in the ""Real"" world. This paper surveys the legislative landscape as of early 2005. The paper provides concrete suggestions for addressing spyware and asks: what is the legal role of these immunity networks?