I have 2 ideas for stopping spyware or at least make the game more exciting. I think would work if someone could get the right people behind them.
1) Patents. That is a hot topic. Software patents and how they are harmful to the software industry. Someone should compile a list of patents that spyware is using or create a think team to patent new ideas before they use them. They will either work around the patents or get the laws changed.
2) Companies should sue for the use of their hardware for profit. Users of big companies click yes to the EULA, but it is the companies property and the spyware is using system resources for advertising. I have heard of cases in the past where hackers stole idle time from computers and the companies cam down on them with the full wrath of the law. Why is this any different.
IANAL, but I think both of these sound reasonable. If someone forms a patent team, I already see few things spyware could be doing, but isn't. This epidemic will get worse before it gets better.