This paper illustrates ways in which the US SAFE WEB Act could help the FTC in a hypothetical spyware investigation. Although the specific fact-pattern is fictional, it is based on problems the FTC has encountered in several separate investigations. The FTC receives several consumer complaints about a particular spyware program and sees several news reports about how this program is being used to steal consumer data. The program is also causing many consumers computers to crash.
RFID is now being used in a variety of public and private sector settings, from hospitals to the highways. Its main aim is to encode unique identifiers at the individual item level that may have revolutionized thinking about inventory management, but it has also raised fears that this technology might be used to track individual products out of the store and into consumers homes or otherwise monitor individual consumer behaviors.