Author(s): Deirdre K. Mulligan
Year: 2006
Abstract:
Spyware
is software which monitors user actions, gathers personal data, and/or
displays advertisements to users. While some spyware is installed
surreptitiously, a surprising amount is installed on users’ computers
with their active participation. In some cases, users agree to accept
spyware as part of a software bundle as a cost associated with gaining
functionality they desire. In many other cases, however, users are
unaware that they installed spyware, or of the consequences of that
installation. This lack of awareness occurs even when the functioning of
the spyware is explicitly declared in the end user license agreement
(EULA). We argue and demonstrate that poor interface design contributes
to the difficulty end users experience when trying to manage their
computing environment. This paper reviews the legal, technical, and
design issues related to the installation of spyware bundled with other
software. It reports on results of an experiment in which thirty-one
users were asked to configure computers, deciding which software to
install from a set of software that included disclosed spyware. The
results suggest that current EULA interfaces do little to encourage
informed decision-making and that simpler interfaces with key terms
highlighted have potential to improve informed decision-making.
Keywords: Privacy, Notice, End User License Agreement, EULA, Security and Usability, Spyware, Terms of Service, ToS
Link: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2262437