Commentary: Spyware: Is your computer looking back at you?

Most computer users have no idea how rampant spyware has become, or how invasive it can be. Would you be surprised, even terrified, to hear that we find spyware on the majority of law firm computers we examine?

The percentage skyrockets when we examine home computers, which are generally less protected. So do you ever work from home? It is truly frightening to think how vulnerable client data is to spyware.

How much does spyware cost? Not much - $30-$100 is a common range, a cheap price for a heinous invasion of privacy.

If you've never thought much about spyware, consider this. In a recent survey, 67 percent of network administrators rated spyware as this year's most significant problem, with viruses running at 23 percent and phishing running far behind at 10 percent.

What is Spyware?

No one quite agrees, but generally speaking, it is software installed on a computer without the target user's knowledge and meant to monitor the user's conduct. Some spyware will record everything the user does, the sites visited, instant messaging, e- mail, and document preparation.

Some spyware is used to gather personally identifiable information like passwords, credit card numbers and Social Security numbers, all useful for those interested in fraud and identify theft.

Other spyware programs will hijack your web browser, reset your home page, add toolbars, alter search results or send popup ads that cannot be closed, all intended to hawk some vendor's products.

Spyware has become insidiously clever recently - many programs come with a reinstaller - as soon as you attempt to remove it, it reloads itself. Many forms of spyware hide in Windows files and even mimic the file names so the average user would have no idea that the files are in fact shielding spyware.

The latest wrinkle with spyware is that it can turn the infected machine into a spam zombie. This means that your computer is being used as a relay point to send spam messages without your knowledge. This is probably not a law firm's first choice of how to use its computer network.

Is Adware a Form of Spyware?

Those who are responsible for adware will have conniptions if you tell them their products are spyware, but in fact they usually are, even though they are a lesser form of it.

If you click something and agree to install adware, it cannot be classified as spyware. However, if you (or very likely, your children) want to install a neat screensaver, cool game, or swap music/movie files via a peer-to-peer (P2P) sharing program, chances are that the downloader will never read the user agreement and will simply hit I agree. This is how most adware and spyware finds its way into a computer system.

Mind you, there are other more insidious ways as well including drive-by downloads from websites, malicious cookies, etc. True adware, however, isn't meant to steal your personal financial information or monitor your personal shenanigans.

Usually it is used to send information to marketers about your surfing and buying habits to assist them in general marketing and to target you in particular, especially with popup ads, spam and their unwelcome brethren.

Indicators of Infiltration

Below are some indications spyware has infiltrated a computer:

- A sudden proliferation of popup ads;

- A change in the Internet home page;

- The appearance of new toolbars;

- The appearance of new icons in the system tray at the bottom of your computer screen;

- Random error messages;

- The appearance of new programs in the start-up group;

- A marked sluggishness in computer performance;

- A sudden tendency of the computer to lock up or blue screen; or

- Significant increase in hard drive activity.

Who is Likely to Have It?

The more correct question is - who doesn't have spyware? Although studies disagree, it is clear that between 80-95 percent of all computers have some form of spyware on them. In November 2004, America Online and the National Cyber Security Alliance released a study in which 77 percent of computer users felt they were safe from spyware.

In point of fact, 80 percent of their systems were infected with spyware. If you look at your computer and think it's looking back at you, it may well be doing exactly that.

Keystroke loggers (monitoring every keystroke) are much rarer. They seem to have three primary uses: business spying, relationship spying, and monitoring children.

New Bills

Currently no federal anti-spyware law exists. In May, the House of Representatives passed two bills designed to punish those who install spyware on people's computers without their knowledge.

After abandoning efforts to merge the two measures into a single bill, the House voted 395-1 to pass legislation that would send some spyware distributors to jail for up to five years, and 393-4 in favor of another bill that would impose heavy fines on people and companies that install spyware on people's computers without their permission. The House passed two nearly identical bills in October 2004, but concerns in the Senate, including how best to punish spyware purveyors while protecting legitimate businesses, prevented passage.

The Spy Act requires businesses to obtain permission before placing computer programs on people's computers, an opt-in procedure. Technology companies generally prefer opt-out language that allows consumers to request that programs not be uploaded to their computers, but doesn't force companies to ask permission every time

It would prohibit unauthorized software from changing a browser's default home page, changing the security settings of a computer, logging keystrokes and activity, and delivering advertisements that the user can't close without turning the machine off or ending all sessions of the browser. The bill also outlaws some of the most insidious practices associated with spyware, including many of the gimmicks used to trick people into installing the programs. Violators could be fined up to $3 million per violation. Many spyware functions would be defined as unfair business practices subject to Federal Trade Commission fines.

The Internet Spyware Prevention Act has been less controversial. It focuses on some of spyware distributors' more overtly criminal activities and imposes jail terms of up to five years on those who use software to illegally gain access to a computer.

Attempts to use the federal wiretap act with respect to spyware have not been very successful.

Among the states, California and Utah enacted legislation designed to outlaw spyware.

Anti-spyware legislation is currently pending in Michigan, Pennsylvania, New York and Iowa.

Virginia has both a computer trespass and computer privacy statute. States with similar laws are: Kansas, Tennessee, Rhode Island, Washington, and North Carolina.

How Can You Combat Spyware?

Among the highest rated anti-spyware programs are Spy Sweeper, Ad- aware Pro, Spyware Eliminator, AntiSpy, XoftSpy and Spyware Doctor.

In addition, Microsoft recently acquired highly rated GIANT anti- spyware and has release a beta product. Beware, though, for no one program will catch all spyware. Experts recommend running two or three anti-spyware programs weekly to maximize your chances of eliminating all spyware on your system. Many of the programs run in the $30-$40 range.

Too many people believe they are okay if they have up-to-date antivirus software. Wrong. A lesser number believe they are safe if they've checked the installed programs listing, the add/remove panel, the standard start up area, and they've pressed Control Alt Delete simultaneously on their computer without anything mysterious showing. Also wrong. The entire point of spyware is to cloak itself so that standard methodologies will not detect it.

Besides having good anti-spyware programs, you want to make sure your operating system and web browsing software are updated regularly in order to close vulnerabilities that may have been patched by the manufacturer. Also, download free software only from sites you know and trust.

Read the license agreements of any software you download. Keep your browser security setting at medium or higher to minimize drive- by downloads. Don't click on links in popup windows - they may contain spyware. Don't click on links in spam, which often carry spyware. Make use of personal firewalls on home machines. Consider changing browsers to FireFox, which will also minimize drive-by downloads.

And you can use the free systems audit at www.webroot.com/ services/spyaudit

_03.htm to assess if you have spyware on your computer.

TIL

Sharon D. Nelson, Esq. is the president and John W. Simek is the vice president of Sensei Enterprises, Inc. (www.senseient.com), a computer forensics and legal technology firm based in Fairfax, Va. They can be reached at (703) 359-0700 or sensei@senseient.com.

Copyright 2005 Dolan Media Newswires
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