Privacy-invasive software
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Privacy-invasive software is software that violates the user's privacy, ranging from legitimate software to malware.


Background

In a digital setting, such as the Internet, there are a wide variety of privacy threats. These vary from the tracking of user activity (sites visited, items purchased etc.), to
mass marketing Mass marketing is a marketing strategy in which a firm decides to ignore market segment differences and appeal the whole market with one offer or one strategy, which supports the idea of broadcasting a message that will reach the largest number o ...
based on the retrieval of personal information ( spam offers and
telemarketing Telemarketing (sometimes known as inside sales, or telesales in the UK and Ireland) is a method of direct marketing in which a salesperson solicits prospective customers to buy products or services, either over the phone or through a subsequen ...
calls are more common than ever), to the distribution of information on lethal technologies used for, e.g., acts of terror. Spyware and identity theft are two related topics whereby individuals could use spyware to change the identity or spy on a potential victim. Spyware allows the aggressor and hacker to extract the victim's personal information and behaviours, thus making it easier for him or her to steal the identity of a victim. Today, software-based privacy-invasions occur in numerous aspects of Internet usage.
Spyware Spyware (a portmanteau for spying software) is software with malicious behaviour that aims to gather information about a person or organization and send it to another entity in a way that harms the user—for example, by violating their priva ...
programs set to collect and distribute user information secretly download and execute on users’ workstations.
Adware Adware, often called advertising-supported software by its developers, is software that generates revenue for its developer by automatically generating online advertisements in the user interface of the software or on a screen presented to the ...
displays
advertisements Advertising is the practice and techniques employed to bring attention to a product or service. Advertising aims to put a product or service in the spotlight in hopes of drawing it attention from consumers. It is typically used to promote a ...
and other commercial content often based on personal information retrieved by spyware programs. System monitors record various actions on computer systems.
Keylogger Keystroke logging, often referred to as keylogging or keyboard capturing, is the action of recording (logging) the keys struck on a keyboard, typically covertly, so that a person using the keyboard is unaware that their actions are being monitored ...
s record users’ keystrokes in order to monitor user behaviour. Self-replicating malware downloads and spreads disorder in systems and networks. Data-harvesting software programmed to gather
e-mail Electronic mail (email or e-mail) is a method of exchanging messages ("mail") between people using electronic devices. Email was thus conceived as the electronic (digital) version of, or counterpart to, mail, at a time when "mail" meant ...
addresses have become conventional features of the Internet, which among other things results in spam e-mail messages filling networks and computers with unsolicited commercial content. With those threats in mind, privacy-invasive software may be defined as:


Definition

Privacy-invasive software is a category of software that ignores users’ right to be left alone and that is distributed with a specific intent, often of a commercial nature, which negatively affect its users.''
In this context, ''ignoring users’ right to be left alone'' means that the software is unsolicited and that it does not permit users to determine for themselves when, how and to what extent personally identifiable data is gathered, stored or processed by the software. ''Distributed'' means that it has entered the computer systems of users from (often unknown)
server Server may refer to: Computing *Server (computing), a computer program or a device that provides functionality for other programs or devices, called clients Role * Waiting staff, those who work at a restaurant or a bar attending customers and su ...
s placed on the
Internet The Internet (or internet) is the global system of interconnected computer networks that uses the Internet protocol suite (TCP/IP) to communicate between networks and devices. It is a '' network of networks'' that consists of private, pub ...
infrastructure. ''Often of a commercial nature'' means that the software (regardless of type or quality) is used as a tool in some sort of a commercial plan to gain revenues.


Problem with the spyware concept

In early 2000, Steve Gibson formulated the first description of
spyware Spyware (a portmanteau for spying software) is software with malicious behaviour that aims to gather information about a person or organization and send it to another entity in a way that harms the user—for example, by violating their priva ...
after realizing software that stole his personal information had been installed on his computer. His definition reads as follows: This definition was valid in the beginning of the spyware evolution. However, as the spyware concept evolved over the years it attracted new kinds of behaviours. As these behaviours grew both in number and in diversity, the term spyware became hollowed out. This evolution resulted in that a great number of synonyms sprang up, e.g. thiefware, scumware, trackware, and badware. It is believed that the lack of a single standard definition of spyware depends on the diversity in all these different views on what really should be included, or as Aaron Weiss put it: "What the old-school intruders have going for them is that they are relatively straightforward to define. Spyware, in its broadest sense, is harder to pin down." Despite this vague comprehension of the essence in spyware, all descriptions include two central aspects. The degree of associated user
consent Consent occurs when one person voluntarily agrees to the proposal or desires of another. It is a term of common speech, with specific definitions as used in such fields as the law, medicine, research, and sexual relationships. Consent as und ...
, and the level of negative impact they impair on the user and their computer system (further discussed in Section 2.3 and Section 2.5 in ). Because of the diffuse understanding in the spyware concept, recent attempts to define it have been forced into compromises. The
Anti-Spyware Coalition The Anti-Spyware Coalition (ASC) was a group formed in 2005 with the goal to build a consensus about definitions and best practices in the debate surrounding spyware. Composed of anti-spyware software companies, academics, and consumer groups, th ...
(ASC) which is constituted by public interest groups, trade associations, and anti-spyware companies, have come to the conclusion that the term spyware should be used at two different abstraction levels. At the low level they use the following definition, which is similar to Steve Gibson's original one: However, since this definition does not capture all the different types of spyware available they also provide a wider definition, which is more abstract in its appearance: Difficulties in defining spyware, forced the ASC to define what they call ''Spyware (and Other Potentially Unwanted Technologies)'' instead. This includes any software that does not have the users’ appropriate consent for running on their computers. Another group that has tried to define spyware is a group called
StopBadware.org StopBadware was an anti-malware nonprofit organization focused on making the Web safer through the prevention, mitigation, and remediation of badware websites. It is the successor to StopBadware.org, a project started in 2006 at the Berkman Cente ...
, which consists of actors such as Harvard Law School,
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,
Google Google LLC () is an American Multinational corporation, multinational technology company focusing on Search Engine, search engine technology, online advertising, cloud computing, software, computer software, quantum computing, e-commerce, ar ...
, Lenovo, and Sun Microsystems. Their result is that they do not use the term spyware at all, but instead introduce the term ''badware''. Their definition thereof span over seven pages, but the essence looks as follows: Both definitions from ASC and StopBadware.org show the difficulty with defining spyware. We therefore regard the term spyware at two different abstraction levels. On the lower level it can be defined according to Steve Gibsons original definition. However, in its broader and in a more abstract sense the term spyware is hard to properly define, as concluded above.


Introducing the term "privacy-invasive software"

A joint conclusion is that it is important, for both software vendors and users, that a clear separation between acceptable and unacceptable software behaviour is established. The reason for this is the subjective nature of many spyware programs included, which result in inconsistencies between different users beliefs, i.e. what one user regards as legitimate software could be regarded as a spyware by others. As the spyware concept came to include increasingly more types of programs, the term got hollowed out, resulting in several synonyms, such as trackware, evilware and badware, all negatively emotive. We therefore choose to introduce the term ''privacy-invasive software'' to encapsulate all such software. We believe this term to be more descriptive than other synonyms without having as negative connotation. Even if we use the word ''invasive'' to describe such software, we believe that an invasion of privacy can be both desired and beneficial for the user as long as it is fully
transparent Transparency, transparence or transparent most often refer to: * Transparency (optics), the physical property of allowing the transmission of light through a material They may also refer to: Literal uses * Transparency (photography), a still, ...
, e.g. when implementing specially user-tailored services or when including personalization features in software. The work by Warkentins et al. (described in Section 7.3.1 in ) can be used as a starting point when developing a classification of privacy-invasive software, where we classify privacy-invasive software as a combination between ''user consent'' and ''direct negative consequences''. User consent is specified as either ''low'', ''medium'' or ''high'', while the degree of direct negative consequences span between ''tolerable'', ''moderate'', and ''severe''. This classification allows us to first make a distinction between legitimate software and spyware, and secondly between spyware and malicious software. All software that has a low user consent, ''or'' which impairs severe direct negative consequences should be regarded as malware. While, on the other hand, any software that has high user consent, ''and'' which results in tolerable direct negative consequences should be regarded as legitimate software. By this follows that spyware constitutes the remaining group of software, i.e. those that have medium user consent or which impair moderate direct negative consequences. This classification is described in further detail in Chapter 7 in . In addition to the direct negative consequences, we also introduce ''indirect negative consequences''. By doing so our classification distinguishes between any negative behaviour a program has been designed to carry out (direct negative consequences) and security threats introduced by just having that software executing on the system (indirect negative consequences). One example of an indirect negative consequence is the exploitation risk of software vulnerabilities in programs that execute on users’ systems without their knowledge.


Comparison to malware

The term privacy-invasive software is motivated in that software types such as adware and spyware are essentially often defined according to their actions instead of their distribution mechanisms (as with most malware definitions, which also rarely correspond to motives of, e.g., business and commerce). The overall intention with the concept of privacy-invasive software is consequently to convey the commercial aspect of unwanted software contamination. The threats of privacy-invasive software consequently do not find their roots in totalitarianism, malice or political ideas, but rather in the free market, advanced technology and the unbridled exchange of electronic information. By the inclusion of purpose in its definition, the term privacy-invasive software is a contribution to the research community of privacy and security.


History


Internet goes commercial

In the mid-1990s, the development of the Internet increased rapidly due to the interest from the general public. One important factor behind this accelerating increase was the 1993 release of the first browser, called
Mosaic A mosaic is a pattern or image made of small regular or irregular pieces of colored stone, glass or ceramic, held in place by plaster/mortar, and covering a surface. Mosaics are often used as floor and wall decoration, and were particularly pop ...
. This marked the birth of the graphically visible part of the Internet known as the
World Wide Web The World Wide Web (WWW), commonly known as the Web, is an information system enabling documents and other web resources to be accessed over the Internet. Documents and downloadable media are made available to the network through web ...
(WWW) that was introduced in 1990. Commercial interests became well aware of the potential offered by the WWW in terms of electronic commerce especially because the restrictions on the commercial use of the Internet were removed which opened the space for companies to use the web as a platform to advertise and sell their goods. Thus, shortly after, companies selling goods over the Internet emerged, i.e. pioneers such as book dealer
Amazon.com Amazon.com, Inc. ( ) is an American multinational technology company focusing on e-commerce, cloud computing, online advertising, digital streaming, and artificial intelligence. It has been referred to as "one of the most influential econo ...
and CD retailer CDNOW.com, which both were founded in 1994. During the following years, personal computers and
broadband In telecommunications, broadband is wide bandwidth data transmission which transports multiple signals at a wide range of frequencies and Internet traffic types, that enables messages to be sent simultaneously, used in fast internet connections. ...
connections to the Internet became more commonplace. Also, the increased use of the Internet resulted in that
e-commerce E-commerce (electronic commerce) is the activity of electronically buying or selling of products on online services or over the Internet. E-commerce draws on technologies such as mobile commerce, electronic funds transfer, supply chain managem ...
transactions involved considerable amounts of money. As competition over customers intensified, some e-commerce companies turned to questionable methods in their battle to entice customers into completing transactions with them. This opened ways for illegitimate actors to gain revenues by stretching the limits used with methods for collecting personal information and for propagating commercial advertisements. Buying such services allowed for some e-commerce companies to get an advantage over their competitors, e.g. by using advertisements based on unsolicited commercial messages (also known as spam) .


Commercially motivated adverse software

The use of questionable techniques, such as Spam, were not as destructive as the more traditional malicious techniques, e.g. computer viruses or
trojan horses The Trojan Horse was a wooden horse said to have been used by the Greeks during the Trojan War to enter the city of Troy and win the war. The Trojan Horse is not mentioned in Homer's ''Iliad'', with the poem ending before the war is concluded, ...
. Compared to such malicious techniques the new ones differed in two fundamental ways. First, they were not necessarily illegal, and secondly, their main goal was gaining money instead of creating publicity for the creator by reaping digital havoc. Therefore, these techniques grouped as a “grey” area next to the already existing “dark” side of the Internet. Behind this development stood advertisers that understood that Internet was a “merchant’s utopia”, offering huge potential in global advertising coverage at a relatively low cost. By using the Internet as a global notice board, e-commerce companies could market their products through advertising agencies that delivered
online ads Online advertising, also known as online marketing, Internet advertising, digital advertising or web advertising, is a form of marketing and advertising which uses the Internet to promote products and services to audiences and platform users. ...
to the masses. In 2004, online advertisement yearly represented between $500 million and $2 billion markets, which in 2005 increased to well over $6 billion-a-year. The larger online advertising companies report annual revenues in excess of $50 million each. In the beginning of this development such companies distributed their ads in a broadcast-like manner, i.e. they were not streamlined towards individual users’ interests. Some of these ads were served directly on Web sites as banner ads, but dedicated programs, called
adware Adware, often called advertising-supported software by its developers, is software that generates revenue for its developer by automatically generating online advertisements in the user interface of the software or on a screen presented to the ...
, soon emerged. Adware were used to display ads through pop-up windows without depending on any Internet access or Web pages.


The birth of spyware

In the search for more effective advertising strategies, these companies soon discovered the potential in ads that were targeted towards user interests. Once targeted online ads started to appear, the development took an unfortunate turn. Now, some advertisers developed software that became known as
spyware Spyware (a portmanteau for spying software) is software with malicious behaviour that aims to gather information about a person or organization and send it to another entity in a way that harms the user—for example, by violating their priva ...
, collecting users’ personal interests, e.g. through their browsing habits. Over the coming years spyware would evolve into a significant new threat to Internet-connected computers, bringing along reduced system performance and security. The information gathered by spyware were used for constructing user profiles, including personal interests, detailing what users could be persuaded to buy. The introduction of online advertisements also opened a new way to fund software development by having the software display advertisements to its users. By doing so the software developer could offer their software “free of charge”, since they were paid by the advertising agency. Unfortunately, many users did not understand the difference between “free of charge” and a “free gift”, where difference is that a free gift is given without any expectations of future compensation, while something provided free of charge expects something in return. A dental examination that is provided free of charge at a dentist school is not a free gift. The school expects gained training value and as a consequence the customer suffers increased risks. As adware were combined with spyware, this became a problem for computer users. When downloading software described as “free of charge” the users had no reason to suspect that it would report on for instance their Internet usage, so that presented advertisements could be targeted towards their interests. Some users probably would have accepted to communicate their browsing habits because of the positive feedback, e.g. “offers” relevant to their interests. However, the fundamental problem was that users were not properly informed about neither the occurrence nor the extent of such monitoring, and hence were not given a chance to decide on whether to participate or not. As advertisements became targeted, the borders between adware and spyware started to dissolve, combining both these programs into a single one, that both monitored users and delivered targeted ads. The fierce competition soon drove advertisers to further “enhance” the ways used for serving their ads, e.g. replacing user-requested content with sponsored messages instead, before showing it to the users.


The arms-race between spyware vendors

As the chase for faster financial gains intensified, several competing advertisers turned to use even more illegitimate methods in an attempt to stay ahead of their competitors. This targeted advertising accelerated the whole situation and created a “gray” between conventional adds that people chose to see, such as subscribing to an Internet site & adds pushed on users through "pop-up adds" or downloaded adds displayed in a program itself. This practice pushed Internet advertising closer to the “dark” side of Spam & other types of invasive, privacy compromising advertising. During this development, users experienced infections from unsolicited software that crashed their computers by accident, change application settings, harvested personal information, and deteriorated their computer experience. Over time these problems led to the introduction of countermeasures in the form of anti-spyware tools. These tools purported to clean computers from spyware, adware, and any other type of shady software located in that same “gray” area. This type of software can lead to false positives as some types of legitimate software came to be branded by some users as "Spyware" (i.e. Spybot: Search & Destroy identifies the ScanSpyware program as a Spybot.) These tools were designed similarly to anti- malware tools, such as
antivirus software Antivirus software (abbreviated to AV software), also known as anti-malware, is a computer program used to prevent, detect, and remove malware. Antivirus software was originally developed to detect and remove computer viruses, hence the name. ...
. Anti-spyware tools identify programs using signatures (semantics, program code, or other identifying attributes). The process only works on known programs, which can lead to the false positives mentioned earlier & leave previously unknown spyware undetected. To further aggravate the situation, a few especially illegitimate companies distributed fake anti-spyware tools in their search for a larger piece of the online advertising market. These fake tools claimed to remove spyware, but instead installed their own share of adware and spyware on unwitting users’ computers. Sometimes even accompanied by the functionality to remove adware and spyware from competing vendors. Anti-Spyware has become a new area of online vending with fierce competition. New spyware programs are being added to the setting in what seems to be a never-ending stream, although the increase has levelled out somewhat over the last years. However, there still does not exist any consensus on a common spyware definition or classification, which negatively affects the accuracy of anti-spyware tools. As mentioned above, some spyware programs remain undetected on users' computers. Developers of anti-spyware programs officially state that the fight against spyware is more complicated than the fight against
viruses A virus is a submicroscopic infectious agent that replicates only inside the living cells of an organism. Viruses infect all life forms, from animals and plants to microorganisms, including bacteria and archaea. Since Dmitri Ivanovsky's ...
,
trojan horses The Trojan Horse was a wooden horse said to have been used by the Greeks during the Trojan War to enter the city of Troy and win the war. The Trojan Horse is not mentioned in Homer's ''Iliad'', with the poem ending before the war is concluded, ...
, and
worms Worms may refer to: *Worm, an invertebrate animal with a tube-like body and no limbs Places *Worms, Germany Worms () is a city in Rhineland-Palatinate, Germany, situated on the Upper Rhine about south-southwest of Frankfurt am Main. It had ...
.


Predicted future development

There are several trends integrating computers and software into people's daily lives. One example is traditional media-oriented products which are being integrated into a single device, called media centres. These media centres include the same functionality as conventional television,
DVD The DVD (common abbreviation for Digital Video Disc or Digital Versatile Disc) is a digital optical disc data storage format. It was invented and developed in 1995 and first released on November 1, 1996, in Japan. The medium can store any kind ...
-players, and stereo equipment, but combined with an Internet connected computer. In a foreseeable future these media centres are anticipated to reach vast consumer impact. In this setting, spyware could monitor and surveillance for instance what television channels are being watched, when/why users change channel or what
DVD The DVD (common abbreviation for Digital Video Disc or Digital Versatile Disc) is a digital optical disc data storage format. It was invented and developed in 1995 and first released on November 1, 1996, in Japan. The medium can store any kind ...
movies users have purchased and watch. This is information that is highly attractive for any advertising or media-oriented corporation to obtain. This presents us with a probable scenario where spyware is tailored towards these new platforms; the technology needed is to a large extent the same as is used in spyware today. Another interesting area for spyware vendors is the increasing amount of mobile devices being shipped. Distributors of advertisements have already turned their eyes to these devices. So far this development have not utilized the geographic position data stored in these devices. However, during the time of this writing companies are working on
GPS The Global Positioning System (GPS), originally Navstar GPS, is a satellite-based radionavigation system owned by the United States government and operated by the United States Space Force. It is one of the global navigation satellite sy ...
-guided ads and coupons destined for mobile phones and hand-held devices. In other words, development of location-based marketing that allow advertising companies to get access to personal geographical data so that they can serve geographically dependent ads and coupons to their customers. Once such geographic data is being harvested and correlated with already accumulated personal information, another privacy barrier has been crossed.


References


Citations


General sources

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