House OKs Bill Imposing 'Spyware' Fines
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Companies and others that secretly install "spyware" programs on people's computers to quietly monitor their Internet activities would face hefty federal fines under a bill the House passed Tuesday.
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The House on Thursday passed the second bill in three days that would outlaw &quot;spyware,&quot; irritating software that quietly monitors the activities of Internet users.
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The US House of Representatives Tuesday passed by voice vote a bill that would boost prison time for scammers who register Web sites under false pretenses.
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WASHINGTON - The US House of Representatives will vote as soon as next week on a measure to crack down on deceptive âspywareâ that hides in usersâ computers and secretly monitors their activities, key lawmakers said on Wednesday.
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Two bills designed to curb the proliferation of Internet "spyware" took another step toward law this week, but they are racing against the clock as Congress prepares to disperse for the November elections. -washingtonpost.com
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The House of Representatives passed  on Wednesday legislation that would impose new requirements on  software companies and advertisers to protect computer users  from spyware.
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(InfoWorld) - An antispyware bill that passed the U.S. House of Representatives this week faces opposition from several groups with one side saying it's too strong and the other saying it's too weak. The Securely Protect Yourself Against Cyber Trespass Act (SPY ACT), which passed the House Wednesday by a vote of 368 to 48, would prohibit taking control of computers to send unsolicited material to others, diverting the Web browser, modifying a computer's settings and keystroke logging. The bill would make it illegal to collect personal information without permission and it allows fines of up to $3 million for some violations. But several business groups, led by the DMA (Direct Marketing Association), sent a letter to House leaders this week raising objections that the bill too broadly defines "computer software" and "information collection programs," and it could make it illegal for e-commerce sites to recommend products based on browsing or buying history, engage in targeted advertising, or to place cookies on a Web site user's computer "The scope and impact of [the bill] on legitimate businesses goes far beyond regulating spyware and cuts to the heart of the information economy," said the letter, signed by 31 trade groups and companies. The bill could "limit the seamless Internet experience that is responsible for the widespread adoption of the Internet by consumers," the letter said. Representatives of the SPY ACT's two main sponsors, Representative Ed Towns, a New York Democrat, and Representative Mary Bono, a California Republican, weren't immediately available for comment. The SPY ACT is the second piece of antispyware legislation passed by the House this year. The Internet Spyware Prevention Act (I-SPY),Â which passed the House in May, hasn't prompted major objections. I-SPY would create penalties of up to five years in prison for some spyware-like behavior. Versions of both bills passed the House in May 2005, but failed to make it through the Senate. By requiring Web sites to get permission every time they track a users' history, the SPY ACT could make Web surfing an unwieldy series of pop-ups asking for permission, said Steve Berry, the DMA's executive vice president for government affairs. By trying to define bad uses of technology, the bill becomes overly broad, he said. "Our thought is maybe you should look at the intent rather than trying to regulate the technology," Berry said. Among the groups signing the letter in opposition to the SPY ACT were the U.S. Chamber of Commerce, the Information Technology Association of America, NetCoalition, Charles Schwab & Co, and the Internet Alliance. Meanwhile, the Electronic Frontier Foundation has raised different objections to the SPY ACT. The bill would preempt about 10 state laws that have been passed, many of them stronger than the SPY ACT, said Fred von Lohmann, senior intellectual property lawyer for the EFF. In addition, the bill would take away the ability of private citizens to sue spyware creators, von Lohmann said. The bill "would actually make things worse, insulating adware vendors from more stringent state laws and private lawsuits," von Lohmann wrote on the EFF blog in April. The bill concentrates spyware enforcement in the hands of the U.S. Federal Trade Commission and state attorney generals, instead of allowing private lawsuits as well, he said. "This is a terrible move," von Lohmann wrote. "If Congress is serious about enacting tough anti-spyware laws, it should create incentives that would encourage private citizens to pursue the bad guys." Bono, one of the bill's sponsors, said in a statement this week that the preemption of state laws is the right approach. "Because of the Internet's role in interstate commerce, the need for federal spyware legislation is clear, depending on a patchwork of state laws is simply unworkable," she said. "The passage of the SPY ACT moves the American people one step closer to reclaiming control of their computers in their home and at their business."
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The cure could be worse than the sickness The US House of Representatives on Wednesday overwhelmingly passed legislation designed to protect PC users from spyware despite the strong objections of internet-based businesses that warned the measure could interfere with many legitimate online activities.â¦
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The US House of Representatives passed a second spyware bill on Thursday adding more teeth to a previously passed spyware bill that included fines for offenders.
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Certainly no one likes spyware so since mid-May, a trio of bills have been introduced before Congress.  All three will face the Senate next week, including two competing versions passed by the House, and an entirely new Senate bill whose ink isn't even dry enough for its prototype language to enter the Congressional Record.
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The Federal Trade Commission has taken the first step to crack down on the wave of spyware that is being installed on user&#39;s machines without their knowledge.
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The House approved a bill yesterday to bar states from taxing Internet access through 2014, clearing the way for President Bush to sign the measure into law before the current ban expires tomorrow.
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The House Thursday passed a bill that would criminalize the use of spyware to commit fraud or other crimes, adding an additional two to five years to federal sentences.
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(InfoWorld) - Even though security technology is improving, spyware legislation is still needed from the U.S. Congress because many consumers don't use all the tech tools available to them, antispyware groups said Thursday. Antispyware groups including the Center for Democracy and Technology (CDT) and StopBadware.org called on Congress to pass antispyware legislation during the last days of the 2006 session. Although some studies show a small decrease in the amount of spyware on PCs, the use of spyware that logs keystrokes seems to be going up, said Ari Schwartz, deputy director of the CDT. "The issue is everyone's still making money doing this," Schwartz said during an antispyware discussion in Washington, D.C. Spyware distributors identified by the U.S. Federal Trade Commission (FTC) or the CDT can pull in tens of millions of dollars in revenue annually, he added. Antispyware technology can work, but 81 percent of home PC users don't use all three common security tools -- antispyware software, antivirus software and firewalls -- according to a survey published in December by AOL LLC and the National Cyber Security Alliance (NCSA). "We still think consumers are not protected," said Ron Teixeira, the NCSA's executive director. "If they don't take these three core measures, it doesn't matter what we do." The House of Representatives passed two antispyware bills in May 2005, but the full Senate has yet to act on similar legislation introduced there. Paul Cancienne, a legislative assistant for Representative Mary Bono, said his boss is optimistic that the Senate can still pass legislation and the two chambers can iron out their differences before Congress adjourns in October. Bono, a California Republican, pushed forward legislation that would require many software programs collecting personal information to get permission before doing so. Bono's Securely Protect Yourself Against Cyber Trespass Act also would outlaw the act of taking over a computer in order to send unauthorized information or code, and diverting a Web browser without the permission of the computer owner. The bill, which passed the House by a 389-vote margin, would allow fines of up to US$3 million for spyware-like activity. Security software updates are exempted from the Bono bill. In addition to legislation, antispyware groups need to continue to educate consumers about online dangers and ways to combat them, said NCSA's Teixeira. Many people don't know how to properly use security software or are confused about products out there, he said. Many of the discussion's participants said legislation that would define illegal practices and give the FTC more power to work with overseas law enforcement agencies would help fight spyware. But not everyone there saw more legislation as an improvement. A new law could bring unintended consequences for the tech industry, said John Palafoutas, senior vice president for domestic policy and congressional affairs at tech trade group AeA. Palafoutas pointed to studies that say a significant percentage of time consumers spend online is looking at pornography sites, identified by StopBadware.org as major sources of spyware. "I'm wary of a legislative fix," Palafoutas said. "Part of the problem is there's a lot of recklessness out there."
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(InfoWorld) - An antispyware bill that the U.S. House of Representatives passed this week earned praise from cybersecurity groups, but faces an uncertain future in the Senate. The bill, which would create penalties of up to five years in prison for some spyware-like behavior, is a "needed piece of legislation in order to protect consumers," said Kevin Richards, federal government relations manager for Symantec Corp. Many online identity theft schemes start with spyware on a victim's computer, he said. Though versions of the Internet Spyware Prevention Act (I-SPY) have passed through the House in the last two sessions of Congress, they stalled in the Senate. The House passed I-SPY and a second spyware bill in May 2005. But the Senate failed to act, partly because of concerns that the second proposal, called the Securely Protect Yourself Against Cyber Trespass Act or SPY Act, too broadly defined spyware. The Senate Commerce, Science and Transportation Committee also became hung up on what approach to take for a spyware bill -- a criminal penalties approach similar to I-SPY or a broader approach attempting to define spyware technologies similar to the second House bill. Concerns over the SPY Act remain. Last month, theÂ Electronic Frontier Foundation issued an alert about the SPY Act, saying it opposes the bill because it would preempt tougher state laws against spyware and hacking. "In fact, having been massaged by lobbyists for the software and adware industries, the bill would actually make things worse, insulating adware vendors from more stringent state laws and private lawsuits," wrote EFF lawyer Fred von Lohmann. Any bills that have not passed through the House and Senate during their two-year session must be reintroduced. This year the SPY Act has been approved by the House Energy and Commerce Committee but has not faced a vote on the House floor. On the other hand,Â there seems to be less opposition to I-SPY. I-SPY has "broad support from the industry," said Geoff Gray, legislative consultant for the Cyber Security Industry Alliance, a trade group. "It concentrates on bad actions as opposed to bad technologies." I-SPY now goes to the Senate for consideration. Two champions of antispyware legislation in the Senate, Republicans George Allen of Virginia and Conrad Burns of Montana, were defeated in last November's elections. Meanwhile, supporters of the I-SPY Act say they will push for passage in the Senate. Symantec is engaging senators about the need for a spyware bill and other cybersecurity measures, Richards said. Several senators seem open to cybersecurity legislation, he said. "I think there's interest there," he said. "But senators are focused on a big plate of issues." Although Burns and Allen are gone, I-SPY has a "decent" chance of passing the Senate, added Gray. The House may have given it a better shot by not passing the more controversial SPY Act at the same time, he said. "A little steam has gone out of it on the Senate side, but maybe some of the conflict as well," Gray said. A spokesman for Representative Zoe Lofgren, one of the primary sponsors of I-SPY, said it's early to gauge the bill's chances in the Senate. The California Democrat will begin pushing for the bill in the Senate soon, the spokesman said. Representatives of tech-focused senators said their bosses are looking at antispyware legislation. "It's one of our priorities," said a spokesman for Senator John Ensign, a Nevada Republican and cosponsor of an antispyware bill in the last session of Congress. Senator Ron Wyden, an Oregon Democrat, is also looking into the issue, a spokeswoman said. Wyden, cosponsor of the broader antispyware bill in the Senate last Congress, is "looking into what he feels the correct course should be legislatively ... based on the way the spyware issue has evolved over the last two years," said spokeswoman Melissa Merz.
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Some experts doubt whether the California law will have much impact on illegal spyware activity. By George V. Hulme. A new California law aimed at curbing spyware, software applications that surreptitiously
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Measures to curb the use of "spyware" -- the computer programs that surreptitiously track people's online movements -- are steamrolling their way through Congress and a combined proposal could reach the President's desk before lawmakers break for the November election.