Vision Technology Management defines "spyware" as
a general term for a program that surreptitiously monitors your actions. While they are sometimes sinister, like a remote control program used by a hacker, software companies have been known to use Spyware to gather data about customers. The practice is generally frowned upon.
Critical to this definition is the word "surreptitiously". If you agree to have your actions monitored it hardly seems accurate to call the software which performs that action spyware. For example, it makes little sense to call Google "spyware" as even though Google search, mail and web accelerator all monitor your actions they all are upfront about such monitoring and require your consent to perform such monitor before you are invited to use their service.
Perhaps then a new term is needed to distinquish software which surreptitiously monitors your actions from software that does so with your consent. I propose the term "voyeurware" for such software. As well as being accurate and self explainitory, I believe the term portrays some of the emotion that many people feel towards such software at the time of writing. As voyeurware becomes more common place this attitude may change, however the term will still be accurate.