Congress will have to exercise its judgment in deter-mining whether spyware creates a threat to the public information infrastructure that is significant enough to warrant a regulatory response or whether existing laws are flexible enough to apply to the growing concerns regarding adware. If Congress does decide to act, it will likely be a response that is consumer-focused and aimed at preventing fraud and abuse, while at the same time leaving room for innovators to use the Internet as an effective avenue for advertising and distribution.
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