Security threats Toolkit

Story: Anti-spyware group seeks to define spyware

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The tussle between definition and function

There is an inherent conflict between the definitional and functionality aspects. Anything that does not fit in the definition of a “wrong or crime” is not punishable howsoever culpable it may be. Thus, if the spywares are able to adjust their functioning in such a manner as to circumvent the penal sanctions of the law, then there will be no further solution. Thus, first of all the definition must be “inclusive” in nature and must start with the words “includes”. Secondly, the definition must be satisfied not in mere form but also in substance. In short, it must be as per the letter and spirit of the law. The best possible solution is to combine the definitional and functionality ideals and make the definition tamper proof and effective.

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