Threats that at one time seem remote may mutate rapidly into immediate, high-risk conditions that must be addressed if security incidents - and resulting litigation - are to be avoided. The latest such threat is the set of software-driven intrusions referred to generically as "spyware." Until quite recently, many dismissed spyware as an annoyance for consumers rather than a threat to business networks and the valuable information they contain. Today, spyware must be viewed as a priority threat that requires a state-of-the-art response. This paper focuses on two laws, and two sets of implementing regulations, that undoubtedly will be used to require businesses to implement anti-spyware measures: the Gramm-Leach-Bliley Act ("GLBA"), and Section 5 of the Federal Trade Commission Act.
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