Pretexting legislation may move ahead in Congress
692520
(InfoWorld) - Legislation that would allow the U.S. Federal Trade Commission (FTC) to seek civil penalties against businesses that obtain personal data under false pretenses may soon get a vote in the U.S. House of Representatives. The full House could vote on Prevention of Fraudulent Access to Phone Records Act as soon as late Friday or Saturday, Representative Joe Barton, the chairman of the House Energy and Commerce Committee, said Friday. Barton, a Texas Republican, asked the House leadership to move forward with the bill afterÂ lawmakers ripped into Hewlett-Packard Co. (HP) officials ThursdayÂ for allowing the practice during an investigation into board leaks. HP President and Chief Executive Officer Mark Hurd and former HP Chairwoman Patricia Dunn both testified Thursday that they did not know the details of how the leak investigation was conducted. The pretexting legislation has been stalled since the House Energy and Commerce Committee unanimously approved it in March. The bill would allow the FTC to seek civil penalties against so-called pretexters, those who masquerade as a customer to gain access to phone records or other personal information. Representatives of five mobile phone service carriers raised no objections to the bill during Friday's hearing. Lawmakers questioned if more businesses than HP have used pretexting or other questionable investigatory methods. "How do we, and how does corporate America, break this ethos that, if someone thinks that illegal or unethical activity ... is acceptable, everybody else in a corporation goes along with it?" said Representative Diana DeGette, a Colorado Democrat. DeGette will explore ways to add new requirements to the Sarbanes-Oxley financial reporting law, she said. Christopher Bryon, a columnist for the New York Post, told lawmakers Friday that he was a victim of pretexting four years ago, long before the HP investigation came to light. A facial recognition software company hired a pretexter to gain access to his sources after he wrote a column about the company, Bryon said. Pretexting appears to be a widespread practice among U.S. businesses, Bryon said. "This is not something I wanted my family to grow up with ... wondering if your mail is being read, if your phone is tapped, if there's a bug in your bedroom," he said. The FTC has filed five lawsuits against alleged pretexters, but the agency lacks the legal authority to seek civil damages, said Joel Winston, associate director of privacy and identity protection at the FTC. The FTC sought to recover pretexting-related profits in those cases, but additional civil penalties would give the agency an additional tool to use against identity thieves, he said. A second pretexting bill, the Telephone Records and Privacy Protection Act, has passed the House, but the measure is hung up in the Senate over disagreements over the best approach. The House bill would make pretexting a crime, with a penalty of up to 10 years in prison. Congress is scheduled to adjourn by early next week until after the Nov. 7 general election. Congress may come back into session late in the year to address unfinished business.
43805
Democrats and Republicans take up fight over wiretapping measure.
321405
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.
407820
Pending legislation would boost powers of Justice Department and Pentagon beyond the point that many senators would accept.
382500
A bill to protect companies from lawsuits for cooperating with the N.S.A. eavesdropping program advanced in the Senate.
495359
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.
30570
(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.
724537
The argument in the Senate today seems likely to focus on potential changes to the bill, rather than on its overall fate.
554159
Proposed changes to law aim to deter insiders and others who sell or deliberately misuse confidential information.
228656
Congress was pushing on Friday to finish legislation that would boost security at U.S. ports, but the bill was attracting a flurry of last-minute amendments with both parties viewing it as a must-pass measure ahead of November elections.
245028
Calif. Gov. Arnold Schwarzenegger has signed into a law a bill that will ban the practice of pretexting in the state beginning on Jan. 1.
673662
Capitol Briefing | Leaders say they would like to have a bill done before last day of congressional session on Feb. 15.
152725
(InfoWorld) - A U.S. House of Representatives Committee has approved a controversial bill that would broaden the U.S. government's ability to conduct electronic surveillance on U.S. residents by making it easier for federal law enforcement officials to get court-issued warrants. The Electronic Modernization Surveillance Act,Â opposed by several privacy groups, would also allow federal law enforcement officials to spy on U.S. residents for up to 90 days without a court order in the period after a terrorist attack. The House Judiciary Committee approved the legislation Wednesday by a 20-16 vote, with all committee Democrats present voting against the bill. The bill, sponsored by Representative Heather Wilson, a New Mexico Republican, would reduce the amount of information required from federal agents applying for a wiretapping warrant from the U.S. Foreign Intelligence Surveillance Court. The bill would clarify that the U.S. government can seek wiretaps on any type of electronic communication, not just telephone- or radio-spectrum-based communication. Republicans praised the bill, saying it will help the U.S. government fight terrorism. The bill will provide the U.S. intelligence agencies "greater agility and flexibility as they try to thwart our determined and dangerous terrorist enemies," Committee Chairman James Sensenbrenner, a Wisconsin Republican, said in a statement. The full House is expected to vote on the bill by the end of the month. The committee's action comes after U.S. President George Bush called on Congress to approve a controversial electronic surveillance program conducted by the U.S. National Security Agency (NSA). The NSA has conducted the program, reportedly targeting U.S. residents speaking with foreigners who have suspected terrorism connections, without getting court warrants. Bush has asked Congress to authorize the NSA program to ward off multiple court challenges against it. In August, a U.S. judge in Michigan ruled the NSA program is illegal and must be halted. The Bush administration has appealed that ruling. The Senate Judiciary CommitteeÂ approved three surveillance billsÂ last week. The Center for Democracy and Technology, a privacy and civil liberties advocacy group, called the Wilson bill and the Senate's National Security Surveillance Act two of the worst bills now in Congress. "Couched in the seemingly laudable terms of 'modernization,' the bills would radically undermine the privacy of innocent Americans -- not just by legitimizing the administration's warrantless surveillance programs -- but by granting this and future administrations even broader authority to spy on Americans in the United States without judicial review," the CDT said on its Web site.
558672
Lawmakers will have to disclose more about their efforts to fund pet projects and raise money from lobbyists under a long-debated bill that President Bush will sign into law as early as next week, White House and congressional officials said Tuesday.
679445
Republicans pushed a bill supported   by President George W. Bush to set rules for interrogating and   trying terrorism suspects through the U.S. House of   Representatives on Wednesday and Senate Republicans were   expected to follow within a day.
484114
A look at actions in Congress on Tuesday:
296351
Time is running out for Congress to pass real reform before the elections. But a commonsense plan from an unlikely Congressman may be gaining momentum