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Discovery Obligations Respecting Mobile Devices

[26]. For example, the Financial Services Modernization Act of 1999, informally known as the Gramm-Leach-Bliley Act (GLBA), protects the privacy of consumer information in the financial services industry. The Sarbanes-Oxley Act of 2002 (SOX), intended to increase corporate responsibility, requires financial institutions to protect the privacy of customer records and information. In the health care industry, the Health Insurance Portability and Accountability Act (HIPAA) of 1996 provides privacy protection for patients’ information. Should stealth spyware arrive, industry is confronted with the risk of violating legislation protecting the security and privacy of proprietary information and systems. This paper examines ethical and legal issues of spyware from a U.S. perspective. First, the increasing prevalence of spyware is discussed. The various types of spyware are then overviewed. Ethical and legal concerns of spyware, including privacy invasion, surreptitious data collection, direct marketing, hijacking, and trespass are discussed. Finally, the various methods of responding to spyware, including approaches by consumers, industry, and the U.S. government, are addressed, calling for a need to resolve escalating concerns of users while balancing the beneficial use of spyware as a legitimate marketing tool.