Spyware Law Seeks to Protect Consumers

Congress Debates How to Eliminate Malicious Spyware in the United States

The 110^th Congress is making another effort to pass legislation that aims to protect Americans from spyware. It will make it illegal for companies to install the damaging and malicious software onto computers without the user's permission. The news comes at a time when identity theft is rising, and more sites are uploading the snooping programs to gain knowledge of the habits and personal information of users.

House Bill 964 is also known as the "Securely Protect Yourself Against Cyber Trespass Act" or the "Spy Act." Congresswoman Mary Bono (CA45) originally introduced it in the 108th and 109th Congress. On February 8, 2007, Congressman Edolphus Towns (NY-10) and Congresswoman Mary Bono re-introduced the legislation, this time adding some additional information. Lawmakers like the new version, so far.

The bill was reviewed in the House Sub-Committee on Energy and Commerce, which met to "mark up" the proposed law on April 19, 2007 prior to sending it to the full committee for a vote. The fact that it has survived this process is encouraging, but it has a long way to go to become a law.

Perhaps the most important aspect of the legislation is that it will make it illegal for anyone to collect your personal information or monitor your computing activities without your consent. Recording and reporting your keystrokes, hijacking, and phishing would fall under the new law. It also seeks to end advertisements that are impossible for you to close.

At this time, the plan is for the Federal Trade Commission (FTC) to be in charge of enforcing the bill once it becomes a law. Violations would be considered a civil penalty and carry fines of up to $3,000,000, depending upon the offense. What remains to be seen is if the FTC will recommend that the law be broadened to include the use of cookies as tracking devices.