SPYWARE: WHAT IT IS, AND WHAT YOU CAN DO ABOUT IT...

What it is...

"Spyware" is a term which describes any software whose purpose is to collect demographic and usage information from your computer.   These software files can be uploaded to your computer, from a remote source, without your knowledge.  If you surf the internet, you probably have spyware on your system.

Spyware applications are "executable" files, which means that they have the ability to perform ANY function on your computer that you might otherwise cause to be performed yourself.  For example, spyware can monitor every keystroke you make, scan files on your hard drive, change your default homepage, and monitor your web browser to determine which websites you visit.  It then can then send this information from your computer back to the spyware's author.

What you can do about it...

1. Spyware removal programs- AdAware works great for me, and is free.  It's the #1 download, worldwide, on download.com.  I found over 300 pieces of spyware on my computer the first time I ran it on my home system.  A number of you have also suggested Spybot.  I tried it, and removed 84 spyware programs that AdAware missed!  I'd suggest utilizing both programs.

2. Change your web browser- If you use Internet Explorer to surf the net, you may wish to switch to Mozilla, the web browser rated #1 by PC World Magazine.  I did (thanks to those of you who made the suggestion!), and I like it MUCH better.  In addition to being faster than Explorer, it also blocks spyware.  Another "alternative browser" is Opera, which is also excellent.

"The Law" in Texas...
 

TEXAS PENAL CODE § 33.02.  BREACH OF COMPUTER SECURITY.  
	(a)  A person commits an offense if the person knowingly accesses a computer, 
computer network, or computer system without the effective consent 
of the owner.
	(b)  An offense under this section is a Class B misdemeanor 
unless in committing the offense the actor knowingly obtains a 
benefit, defrauds or harms another, or alters, damages, or deletes 
property, in which event the offense is:
		(1)  a Class A misdemeanor if the aggregate amount 
involved is less than $1,500;
		(2)  a state jail felony if:                                                  
			(A)  the aggregate amount involved is $1,500 or 
more but less than $20,000;  or
			(B)  the aggregate amount involved is less than 
$1,500 and the defendant has been previously convicted two or more 
times of an offense under this chapter;
		(3)  a felony of the third degree if the aggregate 
amount involved is $20,000 or more but less than $100,000;
		(4)  a felony of the second degree if the aggregate 
amount involved is $100,000 or more but less than $200,000;  or
		(5)  a felony of the first degree if the aggregate 
amount involved is $200,000 or more.
	(c)  When benefits are obtained, a victim is defrauded or 
harmed, or property is altered, damaged, or deleted in violation of 
this section, whether or not in a single incident, the conduct may 
be considered as one offense and the value of the benefits obtained 
and of the losses incurred because of the fraud, harm, or 
alteration, damage, or deletion of property may be aggregated in 
determining the grade of the offense.
	(d)  A person who his  subject to prosecution under this 
section and any other section of this code may be prosecuted under 
either or both sections.

Added by Acts 1985, 69th Leg., ch. 600, § 1, eff. Sept. 1, 1985.  
Amended by Acts 1989, 71st Leg., ch. 306, § 2, eff. Sept. 1, 
1989;  Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994;  
Acts 1997, 75th Leg., ch. 306, § 2, eff. Sept. 1, 1997;  Acts 
2001, 77th Leg., ch. 1411, § 1, eff. Sept. 1, 2001.


	§ 33.03.  DEFENSES.  It is an affirmative defense to 
prosecution under Section 33.02 that the actor was an officer, 
employee, or agent of a communications common carrier or electric 
utility and committed the proscribed act or acts in the course of 
employment while engaged in an activity that is a necessary 
incident to the rendition of service or to the protection of the 
rights or property of the communications common carrier or electric 
utility.

Added by Acts 1985, 69th Leg., ch. 600, § 1, eff. Sept. 1, 1985.  
Renumbered from V.T.C.A., Penal Code § 33.04 and amended by Acts 
1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.