Note: this post is in response to a Blog entry that is found here: http://www.rootkit.com/blog.php?newsid=358


After posting all this information about warden, and receiving a ton of feedback, it seems that most people don't find the warden to be a problem. My use of the word 'Spyware' to describe the warden has caused alot of controversy - and many posts I have made elsewhere in this effect have actually been removed by administrators of those sites. I even attempted to post on slashdot about the warden, with a link to my analysis, and this too was rejected. So, all of this has gelled and I am left with an impression.

It seems that most people don't consider the warden to be spyware.

This conclusion, made by most people, is based on the definition of spyware. This definition may vary between people. The most basic definition is that spyware is software that is installed without the users consent. A secondary definition is that spyware must send personal data to some company for marketing purposes.

The warden does not fall into either of these categories. Thus, the typical response that warden isn't spyware. Technically, the warden reads data from all your running programs, but this data is not (as far as I can tell) sent back to Blizzard. Instead, it is compared against a list of hashes. If a match occurs, then data is sent back to Blizzard indicating a match. This is a 'blacklist' scanning approach and would not, in most peoples opinion, classify as sending personal data back to Blizzard.

On the topic of consent, you agree to the EULA and TOS which allow the warden to do what it does. Using our basic definition of spyware, the warden has your permission, thus it isn't spyware.

I think this sums up the reason why most people don't consider the term 'spyware' to be accurate for the warden client.

In closing, I am posting this as a 'stake in the ground', to crystallize the general consensus people have in regard to the warden.

Personally, my perspective on the warden differs from most people - and I believe the warden to be spyware, and I believe that it is violating the privacy of millions of people. I also believe that the 'law' in regards to the warden, the EULA, and reverse engineering is very much in flux, in some courts the DMCA being ruled against, and in some cases being ruled for. We live in a very dangerous time where the lines are not drawn yet. So, as a citizen, I am drawing that line now. This does not mean that my line is the one that is correct in the future eyes of the court. But people need to draw their lines now, because in the future, the line IS going to set in stone, and it may not be drawn anywhere close to where you want it to be.

read comments (15) / write comment

recent comments:

Mac Warden?	whoami	01.Nov:19:23
others	gcleving	27.Oct:14:57
AGREE	WFCDOGMAN	25.Oct:13:53
Old news	no0b	20.Oct:23:21
You should take a look at PunkBuster	sshrike-	17.Oct:15:49

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