Was Sears Engaged in Criminal Behavior?

Sears Holdings was busted for using sophisticated spyware on some of its e-commerce sites. Now Bruce Schneier wonders if it is criminal behavior.

At the least, the concept of altering your privacy policy based on whether some desktop software is present is worthy of one gigantic class action lawsuit. How the surreptitiously installed software actually got a hold of users’ banking data is another matter altogether.

UPDATE: A glaring lack of security. A twelve year old script kiddie could have done a better job.

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