US legislation includes laws that deal with the more fraudulent
aspects of spyware, such as keystroke logging. But these do nothing
to prevent the simple existence of spyware – software that is used
to collect information about an individual or organisation without
their knowledge.
Spyware and adware – which generates pop-up ads – can be
deposited on a computer by an e-mail attachment or as a web site
download. Both types can make computers sluggish and less
efficient, which is very frustrating for users.
Congress tried to tackle the problem last year, but ran out of
time. A clutch of new bills have therefore been introduced into
both the House and the Senate. One of these is the Internet Spyware
(I-SPY) Prevention Act of 2005.
The I-SPY Act seeks to tackle the worst spyware excesses by
making it an offence to intentionally access a computer without
authorisation, or to intentionally exceed authorised access, by "by
causing a computer program or code to be copied onto the computer
and using that program or code to:
- further another federal criminal offence (punishable by fine or
imprisonment for up to 5 years);
- intentionally obtain or transmit 'personal information' with
the intent of injuring or defrauding a person or damaging a
computer (punishable by fine or imprisonment for up to 2 years);
or
- intentionally impair the security protections of a computer
(punishable by fine or imprisonment for up to 2 years).
The legislation also authorises $10 million to the Department of
Justice to combat spyware and phishing scams (scams that involve
the use of fake e-mail messages and web sites to lure consumers
into providing bank account information, credit card numbers and
other personal information).
The influential US House Judiciary Committee approved the I-SPY
Act on Wednesday.
"I am encouraged by the passage of this legislation through the
Judiciary Committee," said Congressman Bob Goodlatte (Rep), a
co-sponsor of the bill. "The I-SPY Prevention Act is a targeted
approach that protects consumers by imposing stiff penalties on the
truly bad actors, while protecting the ability of legitimate
companies to develop new and exciting products and services on-line
for consumers."
Other US spyware bills
Several other Bills have been introduced into Congress recently,
seeking to solve the problem of spyware.
In January, Republican Congresswoman Mary Bono introduced the
"Securely Protect Yourself Against Cyber Trespass Act", or SPY Act,
which aims to protect individuals from unknowingly downloading and
activating spyware by requiring that consumers receive a clear and
conspicuous notice prior to the transmission of spyware
programs.
The Bill also includes provisions to prohibit unfair or
deceptive behaviour such as keystroke logging, computer hijacking
and the display of advertisements that cannot be closed.
It was approved by the House Energy and Commerce Committee in
April.
In the Senate, Senators Conrad Burns and Ron Wyden have
introduced the SPY-BLOCK Act (Software Principles Yielding Better
Levels of Consumer Knowledge Act), which requires that computer
users be notified of any software features that may threaten their
privacy.
