Spyware Frauds

"Stealware" and affiliate fraud

A few spyware vendors, notably 180 Solutions, have written what the New York Times has dubbed "stealware", and what spyware-researcher Ben Edelman terms affiliate fraud, a form of click fraud. Stealware diverts the payment of affiliate marketing revenues from the legitimate affiliate to the spyware vendor.

Spyware which attacks affiliate networks places the spyware operator's affiliate tag on the user's activity—replacing any other tag, if there is one. The spyware operator is the only party that gains from this. The user has their choices thwarted, a legitimate affiliate loses revenue, networks' reputations are injured, and vendors are harmed by having to pay out affiliate revenues to an "affiliate" who is not party to a contract.

Affiliate fraud is a violation of the terms of service of most affiliate marketing networks. As a result, spyware operators such as 180 Solutions have been terminated from affiliate networks including LinkShare and ShareSale.

Identity theft and fraud

In one case, spyware has been closely associated with identity theft. In August 2005, researchers from security software firm Sunbelt Software believed that the makers of the common CoolWebSearch spyware had used it to transmit "chat sessions, user names, passwords, bank information, etc.", but it turned out that "it actually (was) its own sophisticated criminal little trojan that's independent of CWS." This case is currently under investigation by the FBI.

The Federal Trade Commission estimates that 27.3 million Americans have been victims of identity theft, and that financial losses from identity theft totaled nearly $48 billion for businesses and financial institutions and at least $5 billion in out-of-pocket expenses for individuals.

Spyware-makers may commit wire fraud with dialer program spyware. These can reset a modem to dial up a premium-rate telephone number instead of the usual ISP. Connecting to these suspicious numbers involves long-distance or overseas charges which invariably result in high call costs. Dialers are ineffective on computers that do not have a modem, or are not connected to a telephone line.

Digital rights management

Some copy-protection technologies have borrowed from spyware. In 2005, Sony BMG Music Entertainment was found to be using rootkits in its XCP digital rights management technology. Like spyware, not only was it difficult to detect and uninstall, it was so poorly written that most efforts to remove it could have rendered computers unable to function. Texas state attorney general Greg Abbott filed suit, and three separate class-action suits were filed. Sony BMG later provided a workaround on its website to help users remove it.

Beginning in April 25, 2006, Microsoft's Windows Genuine Advantage Notifications application installed on most Windows PCs as a "critical security update". While the main purpose of this deliberately non-uninstallable application is making sure the copy of Windows on the machine was lawfully purchased and installed, it also installs software that has been accused of "phoning home" on a daily basis, like spyware. It can be removed with the RemoveWGA tool.

Spyware and cookies

Anti-spyware programs often report Web advertisers' HTTP cookies, the small text files that track browsing activity, as spyware. While they are not always inherently malicious, many users object to third parties using space on their personal computers for their business purposes, and so many anti-spyware programs offer to remove them.