Spyware Bill Gets House Nod
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Anti-spyware legislation sails through the House of Representatives, with the bill's sponsor pressing to have both houses approve a law to reign in invasive computer programs by the end of the year. By Michael Grebb.
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Spyware is rife and virus infection commonplace yet many home users reckon they are safe from online threats.
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The House of Representatives approved legislation to revamp America's intelligence network -- a bill nearly derailed by squabbles over Pentagon control over some key espionage resources.
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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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U.S. Federal Trade Commission says that a bill stalled in Congress would give it the tools it needs to fight spyware.
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A White House-backed bill that would   enable a secret court to review President George W. Bush's   warrantless domestic spying program won approval on Wednesday   from the U.S. Senate Judiciary Committee.
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A bill that privacy experts have called one of the worst before the current Congress has passed a House committee vote. The Electronic Modernization Surveillance Act cleared the House Judiciary Committee by a 20-16 vote.
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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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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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Two bills designed to curb the proliferation of Internet "spyware" took another step toward law this week with overwhelming approval from the House of Representatives, but supporters said they face a tough race against the clock to get Senate approval before Congress disperses for the November elections.
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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.
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California Gov. Arnold  Schwarzenegger signed an anti-spyware bill on Tuesday banning  unauthorized installation of deceptive software that hides in  personal computers and secretly monitors user activity.
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Anti-Spyware Bill Passed by House  Legislation prohibiting spyware practices was passed Tuesday by the United States House of Representatives in a 399-1 vote. Termed the Spy Act, this bill not only prevents all things associated with spyware, but it also requires that opt-ins, notices and consents accompany any legal software that ...
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The U.S. House of Representatives on  Thursday unanimously passed a second bill targeting  perpetrators of computer "spyware" that hides in users'  computers and monitors their activities.
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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.    The most egregious behaviors ascribed to the category of such software - secretly recording a person's computer keystrokes or mouse clicks - are already illegal under U.S...
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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 House of Representatives passed   a bill on Thursday that would provide congressional   authorization for President George W. Bush's warrantless   domestic spying program but subject it to new rules.