Bill will make spyware illegal.
The Securely Protect Yourself
Against Cyber Trespass – or SPY ACT (H.R. 2929) bill was passed this week by
the House of Representatives. The bill deems it illegal to take control of a
user’s computer including diverting the Internet browser without authority,
modifying a user’s settings in relation to security or user information
protection settings, collecting personally identifiable information, inducing
unnecessary software installment programs, or disabling or removing anti-spyware
or installed anti-virus user programs.
This landmark computer privacy legislation was
authored by U.S. Rep. Mary Bono, R-Calif., and championed by U.S. Reps. Cliff
Stearns, R-Fla., and Joe Barton, R-Texas. "Spyware is to computers what an open
window is to burglars. This will provide some real, sorely needed online
protection for consumers," said Barton, chairman of the House Committee on
Energy and Commerce, which oversaw the committee process on this
bill.
"We worked closely with industry to formulate
provisions which both eliminate the bad and continue to promote efficient
commerce. We are proud to have earned the support of such industry leaders as
Dell, Microsoft, Time-Warner, Yahoo, eBay, When-U and the Business Software
Alliance. Both industry and the American public agree with the members who voted
to pass this legislation today: the technological advancements and increased
convenience offered by the Internet should not be tied to the surrender of our
personal privacy," Barton noted.
The bill dictates violations as deemed
unfair or deceptive will fall under the FTC and requires the FTC to report
annually to Congress on enforcement actions and issue regulations. The bill also
directs the FTC to report to Congress regarding the use of tracking cookies
(devices used to transmit personally identifiable information, or information
regarding Web pages accessed by the user, to a party other than the intended
recipient) in the delivery or display of advertising to owners and users of
computers.
Rep. Mary Bono R-Calif, said upon the bill's
passage. "Since the inception of this bill over a year ago, the rapid
proliferation of spyware has become a common menace to computer users. The
passage of the SPY Act today is a victory for consumers as they are one step
closer to taking back control of their own PCs."
Sponsors of the bill said they look forward to the Senate passage of the
bill, and putting the protections in place by the end of they year.The House
passed the bill by a vote of 399 to 1. Rep. Ron Paul, a Republican representing
14th District of Texas was the single dissenting vote.