Spyware poses a serious threat of privacy infringement to unassuming internet users across the globe. Existing European legislation attempts to protect end-users from unethical review and use of their personal data. Outlawing spyware technology and strengthening the legal consent requirement for data- mining may offer end users additional assurances that their privacy rights are upheld, as well as more tangible shelter from the existing spyware epidemic. These proposed solutions, however, will only create successful safe havens for internet users by obtaining international buy-in.

With today’s rapid rate of technological advancement, it is imperative that judicial systems around the world involve their legal systems to address the global problem of spyware. Because digital privacy is not limited to a specific geographical boundary, protection of privacy must be regarded as a global issue. As society world wide becomes more dependent on technology, the risk surrounding its misuse increases exponentially and demands greater awareness and action by the average citizen.

Spyware, whether in Europe or the U.S., is flourishing. A recent International Data Corporation (hereafter “IDC”) survey identified spyware as the fourth greatest threat to enterprise security (Gordan, 2005). An AOL/National Cyber Security Alliance (NCSA) Online Safety Study also recently reported that 80 percent of scanned computers contain a variety of spyware or adware (Gordan, 2005). Thus, we must address the existence of spyware and its ever-growing, evolving nature due to our computer-driven society.

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