H.R. 964 would protect users of the Internet from unknowing transmission of their personally identifiable information through spyware programs.
Detailed Summary
Securely Protect Yourself Against Cyber Trespass Act or Spy Act - (Sec. 2) Makes it unlawful for any person who is not the owner or authorized user (user) of a protected computer (a computer exclusively for the use of a financial institution or the U.S. government, or a computer used in interstate or foreign commerce or communication) to engage in unfair or deceptive acts or practices in connection with specified conduct, including: (1) taking unsolicited control of the computer; (2) modifying computer settings; (3) collecting personally identifiable information; (4) inducing the owner or authorized user to disclose personally identifiable information; (5) inducing the unsolicited installation of computer software; and (6) removing or disabling a security, anti-spyware, or anti-virus technology.
(Sec. 3) Makes it unlawful for a person to: (1) transmit to a protected computer any information collection program (a program that collects personally identifiable information and uses the information to send advertising), unless such program provides notice required by this Act before downloading or installing any of the information collection program; or (2) execute any collection information program installed on a protected computer unless, before execution, the user has consented to such execution under notice requirements of this Act. Provides an exception with respect to Internet activity within a particular website when the information collected is sent only to the provider of the website accessed or Internet-based search function.
(Sec. 5) Sets forth various exceptions and limitations.
(Sec. 7) Requires reports.
Status of the Legislation
Latest Major Action: 6/7/2007: Referred to Senate committee. Status: Received in the Senate and Read twice and referred to the Committee on Commerce, Science, and Transportation.
Points in Favor
(Log in to edit the wiki and be the first to show why the bill should pass!)
Points Against
(Log in to edit the wiki and be the first to show why the bill should not pass!)
Visitor Comments
Kevin F.
It allows exceptions for companies to utilize spyware for any number of reasons; if this bill had been law when Sony distributed their rootkit, they would have had perfect cover. Most troubling is that the bill would preempt all state laws, including those more focused on the privacy of people's data, and disallow individuals from bringing suit.