Bill Imposes Prison Time Over 'Spyware'
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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.
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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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What's the best remedy for this obnoxious software installed without PC users' notice? Here are assessments of five popular anti-spyware utilities, three free and two that sell for $30.-For The Post
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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 US government has sued a New Hampshire man in its first attempt to crack down on Internet &quot;spyware&quot; that seizes control of a user&#39;s computer without permission.
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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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The man at the center of the nation's first spyware case &#151; a businessman notorious for his junk Internet mailings &#151; says federal regulators were politically motivated in targeting him for enforcement of new bills outlawing intrusive software.
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Bueller? Bueller? Bueller? The US House of Representatives has passed an anti-spyware bill, but the measure must be passed by the Senate before it becomes law. The Senate does not currently have anti-spyware legislation in front of it.â¦
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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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Two companies selling a program called Spyware Slayer will pay over $200,000 in fines and fees for violating Washington State's spyware and consumer protection laws.
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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 of Representatives passed legislation Wednesday that further penalizes the use of spyware, but leaves out requirements for compliance by software developers.
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For the second time in three days, the US House of Representatives has passed an anti-spyware bill, this time adding criminal penalties to tough civil provisions of legislation passed on Tuesday.
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WASHINGTON - 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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Forget Congress' myopic efforts to outlaw spyware. What we really need is better enforcement of existing computer crime laws.
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THE US Government has moved for the first time to block unsolicited circulation on the Internet of spyware, a type of software that can inundate web users with pop-up ads, secretly take control of their computers and spy on their online activities.
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The U.S. House of Representatives on  Tuesday voted to crack down on deceptive "spyware" that hides  in users' computers and secretly monitors their activities.