Can Microsoft Remotely Kill Your Windows PC?

emailbattles.com ^ | 06/13/2006 @ 10:37:03

[rzeznikj at stout]

First and foremost, I'm not a lawyer...yet. (studying PoliSci, and law school after I graduate with my baccalaureate degree)

Having said this and from what I know, most anti-spyware laws right now are on the State level. IIRC, California, Washington, and Iowa have passed laws that criminalize certain types of spyware and adware.

There is also the Computer Fraud and Abuse Act (CFAA) on the federal level--last amended with the Patriot Act. However, the law only applies to systems with the U.S. Gov't and any computer involved in either interstate or international commerce.

Theoretically, what WGA does is enter into computers around the world, often without the permission of the computer's owner. It can be argued that CFAA was violated--assuming that the computers in question were used by the Gov't or for interstate or foreign commerce.

Considering that people talk and order things around the country and around the world, it can theoretically be argued that anyone on a computer has conducted interstate or international commerce.

However, MS and other companies can shoot back by saying that the people owning the computer, software, or product consented to these connections via the EULA, and that the owners can turn off the daily verifications if they so choose.

In any case though, fireworks are going to fly.

There are no applicable case law precedents from what I see--so any such suit is going to be hotly debated as it would set the general precedent for the country.

[litehaus]

Right! As long as you pay your rent(taxes) to the city,county,state 'gubmints,you can remain in YOUR house....

[Reaganwuzthebest]

Instead, they averred, the feature simply allows Microsoft to disable the validation checker, Windows Genuine Advantage (WGA), if it should ever malfunction.

Microsoft is going overboard with their anti-pirating paranoia. I inadvertenly downloaded the latest WGA so their spyware wgatray.exe found its way onto my system. Fortunately with a dual boot I could go into Windows 98SE and remove it easily from XP but they should have told people ahead of time it would be phoning home everyday.

[Reaganwuzthebest]

It is Microsoft's business decision, and it opens up an opportunity for competition from Linux and Apple to erode Microsoft's dominance in the consumer and small business markets.

Wait until they come out with IE7, it is the worst piece of software yet from them as they allow practically zero customization to the browser. You're going to see new users of Firefox and Opera explode.