I'm no lawyer, but can it be argued that the pop-ups and spy-ware are intruding on private property? or would they argue that they are like an incoming phone-call, which we do not have to answer?
That would be my argument, as well.
;I'm no lawyer, but can it be argued that the pop-ups and
;spy-ware are intruding on private property?
Its my understanding that, under current law, a hacker is able to argue that they didn't know they were intruding unless the systems displays at login a message that declares the system to be for authorized users only or somesuch.
Which is why for the last half-dozen years or so every commercial system I've ever accessed has had words to that effect.
So my thinking is that unless your system displays just such a warning the argument that they are intruding would be weak.
I'm no lawyer either, don't play one on tv and didn't even stay at a holiday inn express last night.......