The Federal Trade Commission told a US Senate committee it could bring new vigor to the fight against spyware by making spyware purveyors pay civil penalties. Under current statutes, the federal watchdog agency can file lawsuits in spyware cases that seek court orders and monetary fines for ill-gotten gains, but not for punitive damages. FTC Deputy Director Eileen Harrington said the limitation makes it harder to mete out meaningful punishments on violators.
"It has been the agency's experience in spyware cases, however, that restitution or disgorgement may not be appropriate or sufficient remedies because consumers often have not purchased a product or service from defendants, the harm to consumers may be difficult to quantify, or the defendants' profits may be slim or difficult to calculate with certainty," she wrote in prepared comments (pdf) submitted on Wednesday. "In such cases, a civil penalty may be the most appropriate remedy and serve as a strong deterrent."
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