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[dvd-discuss] What Programs Are NOT Spyware?

Now that MaryBeth Peters etc have decreed that there are adequate protections 
under the DMCA for investigation of spyware....what programs that access the 
internet are not?

Let's consider the following list

Microsoft Update feature. Do you know what it's doing?
The mathematica kernel on my computer has been attempting to access the 
internet? Why?
Earthlink Total Access does all sorts of things such as setting cookies that 
will expire in 2019 that I do not have a clue what they mean (so I do not allow 
access and somehow things still seem to work.)

ANy program that accesses the internet has the potential for being spyware and 
can be considered as such until the protocol is completely specified and 
verified (and even then any deviation from it is subject to scrutiny). As such 
I'm wondering if that hook allows RE of ANY program that accesses the INTERNET?