http://billg.ms-bs.com/modules.php?name=News&file=article&sid=1225
Big Brother Is Here-- Microsoft Gets Power to Search and Destroy on Your
System
Date: Thursday, February 17 @ 06:50:46 CST
A U.S. House of Representatives committee has readied H.R. 29, the Securely
Protect Yourself Against Cyber Trespass Act (SPY ACT), to allow software
vendors to scan user systems, and "interact" with them to determine any
breach of proprietary rights. While the bill continues prohibitions against
spyware, phishing schemes and other hostile actions against end-users, it
also retains a curious provision threatening users and their right to due
process and privacy in use of proprietary (commercial) software.
The obscure, anti-user provision at issue allows Microsoft or any software
vendor to scan user systems and (implicitly) to take whatever actions deemed
appropriate in determining compliance with its own view of licensing terms.
In effect, the legislation skips due process altogether in license
infringement disputes. By allowing Microsoft or any other software provider
freedom to conduct vigilante-style search-and-destroy missions on user
systems, the bill undermines the rule of law (and its protections) for all
consumers. The clear presumption is the user is guilty of piracy if Microsoft
or another vendor says so, and there is no appeal, only suffering whatever
action the software vendor deems appropriate to protect its property.
By allowing such interaction with a user system, this bill makes the software
vendor sheriff, judge, jury and executioner in suspected software piracy
cases. Currently, Microsoft scans millions of end-user systems by permission,
but only to determine patch requirements for an installed Windows operating
system. While there is no explicit authorization or prohibition of more
aggressive policies, such as disabling program code and/or data, MS has not
publicly pushed for power to do so, fearing a user backlash.
The legislative amendment is effectively a quiet, post-election gift to
Microsoft by GOP Rep. Cliff Stearns (FL), who otherwise would be first to
champion full protection for your individual rights and privacy. In contrast
to such high ideals, this legislation is the purest example of
cyber-surveillance. While surreptitious, remote actions are commonly employed
by hackers and spyware, the bill authorizes exactly the same extra-legal
actions by Microsoft and others.
Further erosion of privacy comes from the bill's relaxed provision for network
monitoring for purposes of maintenance, repair/diagnostics, security or crime
detection. It relaxes legislative protections for privacy to allow online
intelligence-gathering by security agencies, exempting such activity from
provisions of the notice and consent requirements of the bill. Action on the
bill by the full House is expected in the next few days.
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