Spyware is ANY SOFTWARE which employs a user's Internet connection in the background (the so-called "backchannel") without their knowledge or explicit permission.

Silent background use of an Internet "backchannel" connection MUST BE PRECEDED by a complete and truthful disclosure of proposed backchannel usage, followed by the receipt of explicit, informed, consent for such use. In my mind, any other implementation is absolutely unacceptable.

ANY SOFTWARE communicating across the Internet absent these elements is guilty of information theft and is properly and rightfully termed: Spyware.

Adware is perhaps less malicious, but it can involve start page hijacking (lop.com, et al), porn dialers, BHOs by the boatload, auto-installing and "drive-by downloads". Some of the most insidious are the "Start page" hijackers such as Xupiter.com that rewrite your home page without your knowlege or consent, refuse to allow you to change it back, and then, to add insult to injury, provide no easy means to "uninstall" something that you likely didn't want in the first place!

I don't like spyware and adware, and I don't like the people who promote it. I value my privacy. I don't like worms and viruses and, although I don't like them, I also realize that one of the biggest culprits are the thousands of webmasters and network administrators who, even though the SQL Server 2000 vulnerability that resulted in the recent SQL Slammer DOS attack across the globe was discovered and a patch made publicly available LAST JULY, NEVER HAVE BOTHERED TO PATCH THEIR MACHINES! Yo guys, if you are going to have IIS, SQL Server, Apache, Weblogic or whatever exposed to the public Internet, you have an affirmative obligation to KEEP YOUR DAMN MACHINE PATCHED with the latest security patches! No excuses! What do we need to do, have a written "Internet Drivers Test" that you have to pass each year to keep you idiots off the road, or something?

I have no quibble with advertising, I believe in it. I'll defend anyone's right to promote a product or service, to exchange advertising links or any other legitimate enterprise, so long as it does not do so through subterfuge, trickery, or without a complete and truthful UP-FRONT disclosure which enables me to make an informed decision and decline, if I so desire, to accept the offer.

What to do about Adware and Spyware:

First, find out what it is and what you can get to keep it off your machine:

http://www.cexx.org

http://www.spychecker.com/spyware.html

http://www.adware.info

Free removal tool (Ad-aware):

http://www.lavasoft.de

More info and background:

Steve Gibson (GRC) site:

http://grc.com/default.htm

Second, take a stand! Write to your state or Federal Congressperson, tell them specifically what you know about it, what you don't like, and specifically WHO ARE THE PEOPLE OR COMPANIES that have invaded your privacy against your will. Ask them to take legal action against the offenders, and to stiffen the punishment for violators. Follow up, and ensure that they, your elected representatives, know that you expect them to take action, not just write back fan mail to you about all the wonderful busy things going on in their district or state.

Send emails and / or letters to ANY COMPANY who you feel has foisted some spyware or adware on you for which you feel you have been victimized. Tell them to stop and that until they do, you will not only take pains NOT TO GIVE THEM OR THEIR ADVERTISERS ANY BUSINESS, but that you will tell everyone you know to do the same!

Sooner or later, these GOONS will get the message, folks, that there is no financial or other incentive for them to continue their evil ways.

It's us against them. Its OUR Internet. Don't let the bastards take it away from us.

Peter Bromberg is a C# MVP, MCP, and .NET consultant who has worked in the banking and financial industry for 20 years. He has architected and developed web - based corporate distributed application solutions since 1995, and focuses exclusively on the .NET Platform. Pete's samples at GotDotNet.com have been downloaded over 41,000 times. You can read Peter's UnBlog Here.  --><--NOTE: Post QUESTIONS on FORUMS!