Does a "World of Warcraft" EULA compliance mechanism count as spyware?

CORRECTION: 1:30 pm CT 10/26/05: An earlier release of this story attributed comments regarding "The Warden," Blizzard's anti-cheating utility, to security expert Bruce Schneier. The comments were in fact made by another security expert, Greg Hoglund, who was quoted verbatim in a posting to Schneier's blog. We regret the error and have made corrections herein.

Irvine (California) - The debate over the rights of individuals to protect themselves from intrusion by networks, versus the rights of networks to protect themselves from intrusion by individuals, has been raised to the next level. According to security experts, an anti-cheating tool called "The Warden," used by players of the popular network game World of Warcraft (WoW), collects information about all running processes in Windows, and reports back about those processes to the server of the game's publisher, Blizzard.

WoW gamers are familiar with "The Warden," which is installed as a security measure to disable known measures of cheating, and to unplug characters from the network where there is evidence of cheating. As we reported last month, some players were able to take advantage of a bug in the WoW game code, that exploited the capability of a virtual potion to inflict damage more quickly upon players with fewer experience points (XP). While this particular bug could be exploited through legitimate game play, most exploits are actually caused through direct hacking, especially by developing proxies that communicate with the server as though they were the WoW game client, reporting results that would be impossible through normal game play.

The Blizzard forum post's obvious omissions may have inspired some to fill in the blanks, and investigate how The Warden does make a judgment call on behalf of Blizzard. This led to another of Hoglund's posts being excerpted by security expert Bruce Schneier a few weeks ago, under Schneier's headline, "Blizzard Entertainment Uses Spyware to Verify EULA Compliance."

To the end of the Hoglund excerpt, Schneier posted a comment which reads, in part, "This is a program designed to spy on the user and report back to Blizzard. It's pretty benign, but the next company who does this may be less so. It definitely counts as spyware."

The End-User License Agreement (EULA) is the contract that a user signs with the press of an "I Agree" or similar button, to indicate that the user agrees with everything the software publisher intends to do to his system or to his life, in advance of that action taking place. Blizzard contends that WoW customers are fully informed of the behavior they should expect from The Warden, by way of the game's EULA. Annalee Newitz, a contributor to the online publication AlterNet, has been following the controversy, and writes:

The thing that really pisses me off is that this is all being done in the name of having fun and playing games. I'm supposed to give up my Fourth Amendment rights in order to ax a bunch of warriors controlled by teenagers in Milwaukee? No thanks...Do you realize the government would have to have a warrant to get the kind of information Blizzard claims it has the right to suck out of your computer to stop cheaters? Doesn't that seem a wee bit wrong?

The best offense, someone else once wrote, is a counter-offense. Throwing, if not water, then at least some form of liquid substance onto the flames, on 17 October, Hoglund released through his Web site a utility he calls The Governor. Its job is to sniff out the activity of The Warden, and report that activity to gamers. According to Hoglund's page, The Governor is not a cheat or subversion program, just a "sniffer," making users aware of The Warden's procedures. But on the download page for the utility, Hoglund stops just short of daring Blizzard to ban users of The Governor, just to see if the company will cross that line.

"Will Blizzard ban me if I use The Governor?" Hoglund writes. He reports having witnessed no such attempts by Blizzard thus far on his test systems, but adds, "Blizzard can choose to ban you for using a 3rd party program. The Governor is a 3rd party program...In my opinion, banning people for seeking the truth about warden would sink Blizzard to a new all-time low. But, this isn't my decision. I cannot guarantee you won't be banned."

Admitting most responders to his recent posts have disagreed with his and Schneier's position that The Warden constitutes spyware, Hoglund recently floated the argument on his Web site that, with respect to the basic definition of spyware, The Warden may indeed fall outside that category. Yet he goes on to argue that, in the wake of laws that are changing our viewpoints, our definitions may be in flux, and perhaps should be. Still, he says, The Warden constitutes a violation of personal privacy, and asks for readers to join him in "drawing the line" to determine where it is they stand on this critical issue.

Incidentally, the link just above Hoglund's essay reads, in bold, italicized letters, "Featured Article: Evading hack detection mechanisms in online games."

  • asjflask
    "The Warden" was used by Sony Online Entertainment for their game Star Wars Galaxies before World of Warcraft was even released.
    Reply