Spyware is considered to be any software or hardware which collects information from the user without the awarness of the user.

For a software or hardware not to be considered spyware it must make the user aware of any information collection done by it.

Any other way of putting it would make loopholes and allow corporations to embedd software that their lawyers can prove do not follow the exact words of the law.

A software maker must take computer-human interface into account and be accountable to their decisions. If it can be proved that their user-interface was deceptive and made the user un-aware of information collection - the software maker needs to be held responsible and the decision maker needs to get jail time.

When we think about foriegn countries espionage efforts we can only guess the extent to which they collect and analyze information from us citizens without our knowlage or concent.

I further think that the law should include all companies in the "real world" - not just the "virtual world" of the net. What about information which is collected about us with every purchase we make with our visa card? Information which is stored in databases and sold to the highest bidder? ok... maybe not to the highest bidder, but still... it is sold, meaning our government AND foriegn governments can and DO buy that information.

After rethinking the situation, IMHO, we should jail all government officials and corporate executives. And we need to put them on death row.

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