It has been deemed that unauthorized access to a computer to any computer is illegal under the computer crime laws. In the United States it is listed under the Computer Fraud and Abuse Act and in the United Kingdom it is listed under the Computer Misuse Act. Other countries have their own law regarding this crime. 9 out 10 people state that they never knew the spyware was installed in their computer and therefore a prima facie would suggest that the software was installed illegally and would fall under the law as a computer crime. Not many spyware companied have been brought to court but the ones that have, have presented the courts with the impression that they operate open legitimate businesses.
Spyware companies have claimed that more people knew about the installation than did not. So it cannot be a crime if the owner knew about it. It is a very shady area of the law. Some states such as Iowa and Washington has passed laws that against spyware. The law states that its is illegal for anyone other than the owner or operator to install software that changes Web browser settings and monitors keystrokes or disables a computer security software.
New York States Governor but then Attorney General Elliot Spitzer had pursued spyware companies from conducting illegal installations of software. He brought them to court and one of those companies Intermix Media, Inc settled their case and agreed to pay the United States $ 7.5 million dollars and they had to agree to stop selling spyware. Sometimes there is justice.
