They should at least class spyware into two classes and make class A illegal, That way KaZaa can continue to flog their dying p2p software to n00bs who haven't heard of Bittorent, mIRC, Overnet etc.
B: Pop-ups etc...
A: Keyloggers, Tracking Software
Edit: I just saw a news report, One in three computers has some sort of spyware on it
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