Spyware - A definition

"Spyware is ANY SOFTWARE which employs a user's Internet connection in the background (the so-called "backchannel") without their knowledge or explicit permission. Silent background use of an Internet "backchannel" connection MUST BE PRECEDED by a complete and truthful disclosure of proposed backchannel usage, followed by the receipt of explicit, informed, consent for such use. ANY SOFTWARE communicating across the Internet absent these elements is guilty of information theft and is properly and rightfully termed: Spyware." Source