Spyware bill's chances uncertain in US Senate
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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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Hackers who secretly install  "spyware" on others' computers and Internet users who copy  movies and music without permission could face up to three  years in prison under bills that advanced in Congress on  Wednesday.
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The government surveillance authorization bill approved this week by a Senate committee Wednesday "would radically undermine the privacy of innocent Americans," according to tech experts scrutinizing the legislation.
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(InfoWorld) - Members of the U.S. Congress introduced a flurry of new technology-related bills this week, including two bills that would require companies with data breaches to notify affected customers. Senators Patrick Leahy, a Vermont Democrat, and Bernie Sanders, a Vermont independent, introduced the Personal Data Privacy and Security Act. In addition to requiring data breach notification, the bill would also require data brokers to disclose what information they hold on individuals. The bill would allow individuals to correct information held by data brokers, and it would require companies that have databases with personal information on more than 10,000 U.S. residents to implement data privacy and security programs. Representatives Bobby Rush, a Illinois Democrat, and Cliff Stearns, a Florida Republican, introduced the Data Accountability and Trust Act this week. Their bill, with 24 co-sponsors, authorizes the U.S. Federal Trade Commission (FTC) to draw up data privacy requirements for businesses, including requirements that they have vulnerability assessments and policies for disposing of obsolete data. After a company reports a data breach, the FTC would conduct an audit of its security practices, and, like the Leahy-Sanders bill, the bill would require data brokers to disclose the information they hold on individuals and allow individuals to correct wrong information. Organizations have lost 100 million personal records belonging to U.S. residents in data breaches since 2005, Leahy said in a speech on the Senate floor. Leahy, chairman of the Senate Judiciary Committee, singled outÂ data breaches at the U.S. Department of Veterans AffairsÂ last May andÂ retailer The TJX Companies,Â announced in January, in his speech. "These data security breaches are compelling examples of why we need strong federal data privacy and security laws to protect Americansâ personal data and to address the ills of lax data security," he said. "In the information age, any company that wants to be trusted by the public must earn that trust by vigilantly protecting the databases they use and maintain." Members of Congress introduced about a dozen bills requiring data breach notification after a series of breaches in early 2005, but legislation stalled largely over committee jurisdictional wrangling. About 30 states have passed breach notification laws, most of them since 2005. The Cyber Security Industry Alliance, a trade group of IT security vendors, in January called on Congress to pass a comprehensive data protection bill, including breach notification. But some groups, including conservative think tank the Progress and Freedom Foundation, have questioned the need for a breach notification law, saying the cost to businesses may far outweigh the benefits to consumers. Other tech-related bills introduced this week: -- Two bills allowing the FTC toÂ investigate the practice of pretexting, when an investigator assumes a false identity to gain access to a person's telephone records. President George Bush signed a bill creating penalties for pretexting in January, but the two new bills would give the FTC the authority to investigate and prosecute pretexters. Many lawmakers became interested in the issue afterÂ Hewlett-Packard disclosedÂ in September that investigators it had hired used pretexting in an attempt to gain access to board members' and reporters' phone records. -- A bill targeted at spyware by establishing criminal penalties for a number of actions. The bill would prohibit keystroke logging, taking control of a computer without the user's consent, diverting Web browsers, using computers to create botnets and modifying a computer users' browser and security settings without permission. Two spyware bills passed the House of Representatives by overwhelming majorities in March 2005, but the Senate didn't act on them. Â
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(InfoWorld) - The U.S. Congress should proceed cautiously while considering bills to authorize a U.S. National Security Agency (NSA) surveillance program because of the potential impact on the technology industry, a tech trade group said Friday. A day after legislation to authorize the controversial NSA program stalled in the Senate Judiciary Committee, the Computer and Communications Industry Association (CCIA) sent a letter to the committee raising concerns about surveillance programs that "undermine" government checks and balances in the U.S. Constitution. A massive surveillance program will hurt users' confidence in the privacy of communications networks and will put burdensome requirements on tech and telecom vendors, said Ed Black, president and chief executive officer of CCIA. The trade group's members include Google Inc., Yahoo Inc. and Verizon Communications Inc. "This is a very delicate area, and we have to be careful of what we do," Black said. "What the [Bush] administration has been pushing is a system without real limits, without real checks." U.S. President George Bush's administration has used the NSA program to monitor electronic communications of U.S. residents, without seeking court-issued wiretap orders. Bush, in a speech on Thursday, defended the program and said it helps keep U.S. residents safe. Although Bush administration officials continue to say the program is legal, Bush called on Congress to authorize the program as a way to head off multiple lawsuits challenging it. "The terrorists who want to harm America can now buy disposable cell phones, and open anonymous e-mail addresses," Bush said during a speech in Atlanta, Georgia. "Our laws need to change to take these changes into account." In August, a federal judge in Michigan declared the NSA program illegal, and in July, a federal judge in California, denied motions by the U.S. government and AT&T Inc. to stop a lawsuit over the carrier's alleged participation in the NSA program. On Thursday, a federal judge in Oregon rejected a motion by the U.S. government to stop a lawsuit there alleging the NSA program is illegal. An Islamic organization brought the lawsuit against Bush and directors of the NSA and Federal Bureau of Investigation. Also on Thursday, two bills to authorize the NSA program stalled in the Senate Judiciary Committee when Democrats offered a series of amendments. Judiciary Committee Chairman Arlen Specter, a Pennsylvania Republican, complained that Democrats were obstructing the legislation. Specter may try to bring the legislation up for a vote in the Judiciary Committee later this month. Black urged the committee to fully consider the economic effects of a large surveillance program. Telecom carriers and Internet service providers may have to store records of all communications for several months if the legislation is approved, he said. "We're running headlong into a major alteration of the way communications in this country are monitored without a thorough consideration of all the factors in play," Black said.
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The FBI once regularly (and surreptitiously) broke into Americans' homes and offices. Now a Senate bill backed by President Bush seems to offer legal immunity to anyone who helps the FBI, CIA, Homeland Security, or the NSA do just that.
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The House passed legislation Tuesday to combat the criminal use of Internet spyware and scams aimed at stealing personal information from computer users
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WASHINGTONâThe US House of Representatives on Thursday overwhelmingly passed a bill that would make spyware illegalâand provide stiff sanctions for anyone found breaking that law.
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The U.S. Senate defeated on Tuesday an amendment that would take away legal immunity from telecommunications providers that helped the U.S. National Security Agency conduct surveillance on U.S. residents, earning criticism from two civil liberties groups.The Senate, by a 31-67 vote, defeated an amendment to the FISA Amendments Act, a bill that would make changes to the Foreign Intelligence Surveillance Act of 1978 and allow the NSA program to continue. In the past, the NSA has conducted telephone and e-mail surveillance of U.S. citizens conversing with terrorist suspects overseas without court-approved warrants.The Senate was scheduled to vote on the full FISA bill late Tuesday.The Electronic Frontier Foundation (EFF) and the Center for Democracy and Technology (CDT) slammed the Senate vote. &quot;Immunity for telecom giants that secretly assisted in the NSA&#39;s warrantless surveillance undermines the rule of law and the privacy of every American,&quot; said EFF senior staff attorney Kevin Bankston. &quot;Congress should let the courts do their job instead of helping the administration and the phone companies avoid accountability for a half decade of illegal domestic spying.&quot;It doesn&#39;t make sense for Congress to work hard on the FISA bill when the NSA and telecom providers can circumvent the law, added Greg Nojeim, CDT&#39;s senior counsel. &quot;The telecom immunity provision sends a message that it&#39;s OK for a telecom to assist with unlawful surveillance when secretly asked to do so by the government,&quot; he said.Democratic Senators Chris Dodd of Connecticut and Russ Feingold of Wisconsin had sponsored the amendment to get rid of legal immunity for the telecom providers. AT&amp;T and other telecom carriers are being sued in U.S. court in San Francisco for their participation in the surveillance program, which many civil liberties groups say is illegal.Last month, U.S. Vice President Dick Cheney said in a speech that it is &quot;entirely appropriate&quot; for U.S. intelligence agencies to seek help from private companies like telecom providers, because agencies don&#39;t have all the resources they need to keep the U.S. safe from terrorism.&quot;Some providers are facing dozens of lawsuits right now,&quot; Cheney said then. &quot;Why? Because they are believed to have aided the U.S. government in the effort to intercept international communications of al Qaeda-related individuals.&quot;A House bill, passed in November, does not include legal immunity for telecom providers that participated in the NSA program. The House and Senate would have negotiate the differences in the two bills before sending the legislation to U.S. President George Bush to sign. Bush has threatened to veto a surveillance bill that does not include legal immunity for telecom providers, but congressional authorization for the surveillance program expires Feb. 15.It would be counterproductive for Bush to veto a bill that extends surveillance programs that he says are critical, Bankston said. &quot;The only way they can [get legal immunity] is by fallaciously tying it to something critical,&quot; he said.The EFF will push hard to have House negotiators keep the telecom immunity provisions out of the bill that goes to Bush, Bankston added.The EFF and CDT both prefer the House FISA bill, called the Restore Act. Unlike the Senate bill, the House bill would require court approval of surveillance, and the House version would expire in two years, as opposed to six years in the Senate version. The CDT has produced a chart comparing the two bills.
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Internet Spyware Prevention Act has passed the House, but will face a tougher test in the Senate.
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By DIRK LAMMERS  SIOUX FALLS, S.D. - A sex scandal that led to the censure of a South Dakota state senator could prompt stricter computer policies for all lawmakers here.   State Sen.
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While a bill passed by the House last month put stricter requirements on software to protect consumers from spyware, the body has passed another bill with even stricter policies.
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SPY ACT would allow fines of up to $3 million for some types of spyware.
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The Judiciary Committee of the US House of Representatives on Wednesday passed its own version of an anti-spyware bill, setting the stage for a showdown between it and a similar bill that went through another committee.
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The House on Thursday passed the second bill in three days that would outlaw "spyware," irritating software that quietly monitors the activities of Internet users.    It would add penalties of up to five years in prison for people convicted of installing such programs without a computer user's permission...
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The Senate intelligence committee yesterday produced a new bipartisan bill governing foreign intelligence surveillance conducted inside the United States, but objections by several Democratic lawmakers to some of its provisions raised questions about how quickly it might gain passage.
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Democratic commissioner says agency would be much more effective in halting deceptive spyware makers if Congress allowed it to levy hefty monetary penalties.