By-Lined Article
Consumer confusion abounds over spyware
By Eric J. Sinrod
May 18, 2005
USAToday.com
According to exclusively provided results from the 2005 National Spyware Study, prepared by The Ponemon Institute, sponsored by Unisys Corporation and assisted by Chappell Associates, while most consumers believe that they have been victims of spyware and many of them are confused when it comes to issues relating to spyware, most prefer access to free downloadable software than laws designed to grapple with spyware problems.
An astounding 84% of respondents report that they have been spyware victims. From this group, an overwhelming 97% do not remember viewing end user licensing agreements (EULAs) before downloading spyware software on their computers.
Many respondents do not know how spyware is downloaded on their computers. Indeed, more than 42% report that they have "no idea" where the spyware comes from.
The primary reported negative consequence of spyware appears to be computer malfunctioning. This results in reported productivity losses for many people.
Approximately 15% of respondents report that they have suffered monetary damages from spyware on their computers. The average loss for this group is estimated at about $50 over the past 12 months. While this amount is not large on an individual basis, it is on a macro level.
A substantial number of respondents, 76%, report that they have experienced time losses emanating from spyware on their computers. The average time loss is estimated at 1.6 hours over the past 12 months. Again, while this time loss is not huge for an individual, it represents a large time loss on a cumulative basis.
Most respondents report downloading free software on the Internet. The most common of such programs include games, screen savers, and music players. These types of software programs are known to download spyware and adware desktop applications.
The respondents generally do not have a clear understanding of differences between spyware and adware. Indeed, almost half of them failed a test question that properly seeks definitions of spyware and adware.
The majority of respondents appear not to understand Internet economic issues. For example, they do not know how "free" software programs earn profits for their suppliers.
Interestingly, when available, most respondents concede that they do not read EULAs. The main cited reason is that language contained in EULAs is too complex and confusing.
Roughly half of respondents believe that it never is acceptable or appropriate to be tracked by spyware or adware on the Internet.
Still, most respondents do not desire new anti-spyware laws to prevent them from obtaining free software.
Thus, while most respondents have been subject to spyware, do not want to be tracked by such programs, and have confusion about some spyware issues, they appear more interested in obtaining free software than thwarting spyware problems.
Eric Sinrod is a partner in the San Francisco office of Duane Morris (www.duanemorris.com), where he focuses on litigation matters of various types, including information technology disputes. His column appears Wednesdays at USATODAY.com. His Web site is www.sinrodlaw.com, and he can be reached at . To receive a weekly e-mail link to Mr. Sinrod's columns, please send an e-mail with the word Subscribe in the Subject line to .
Reprinted here with permission from USAToday.com.
