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House of Reps. Passes passes SPY ACT
By Nettie Hartsock

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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.

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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.




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