No new legislation for spyware, says govt. review

Mar 23, 2005: The most serious and malicious uses of spyware are already covered by existing legislation, according to the ICT Minister for Communications, Helen Coonan.

Senator Coonan's remarks follow a lengthy review into the adequacy of current laws to deal with spyware by the Department of Communications, Information Technology and the Arts (DCITA) in conjunction with the Attorney-General’s Department and law enforcement agencies.

Spyware is used to breach the privacy and security of Internet users by secretly collecting information from a computer and sending it elsewhere. The term spyware also covers software that changes settings and interferes with the performance of a user’s computer.

Despite current laws encompassing breaches of privacy and security by spyware, the Minister has directed DCITA to continue to work with industry on better ways to tackle the problem of spyware, which has increased enormously in recent months.

Malicious practices associated with spyware include deceptive conduct, Internet banking fraud, unauthorised access, content modification, invasion of privacy, browser hijacking, cyber-stalking, computer hijacking, theft of computer hardware, software, anti-competitive conduct, denial of service attacks, cyber-harassment, identity theft and harvesting and collection of personal financial information.

The DCITA will undertake public consultation on spyware in May, but in the meantime, the Department will work with key stakeholder groups to develop a discussion paper to provide a framework for public consultation forums in each State and Territory. It is hoped that these consultative activities will help shape a broad based strategy to deal with spyware.

“Spyware is a complex issue and the Government will work closely with stakeholders to ensure a measured and practical response,” Senator Coonan said.

Parties who wish to register their interest in participating in the public consultation process or in receiving the discussion paper can register at spyware@dcita.gov.au.

The outcome of the legislative review is available online at http://www.dcita.gov.au/spyware

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