As far as I'm concerned, you can distribute anything you want so long as you fully disclose what you're going to do. If someone wanted to send me a CD and it asks if it can delete the "My Documents" folder permanently and default to "no" but gives me the option to say "yes", that's perfectly fine by me.
If the Republicans distributed this CD and it secretly gathered information, I would have a huge problem with that. So long as they fully and truthfully warn the user what they're doing, it's all legitimate.
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