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House OKs Bill Imposing 'Spyware' Fines
news.yahoo.com ^ | Wed Oct 6, 2:02 PM ET | TED BRIDIS

Posted on 10/06/2004 9:01:01 PM PDT by InvisibleChurch

WASHINGTON - 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. wiretap and consumer protection laws.

The House proposal, known as the "Spy Act," adds civil penalties over what has emerged as an extraordinary frustration for Internet users, whose infected computers often turn sluggish and perform unexpectedly.

The bill, sponsored by Rep. Mary Bono , R-Calif., provides guidelines for technology companies that distribute software capable of most types of electronic monitoring. It requires that consumers explicitly choose to install such software and agree to the information being collected.

The House voted 399-1 to approve the bill. Rep. Ron Paul, R-Texas, who often votes against spending measures, cast the lone dissenting vote Tuesday.

The House separately was expected to approve another anti-spyware bill as early as Wednesday. That bill, sponsored by Rep. Robert Goodlatte, R-Va., provides for additional criminal penalties.

The chairman of the Energy and Commerce Committee, Rep. Joe Barton , R-Texas, said Goodlatte's anti-spyware bill was preferable because of its criminal sanctions, and Barton said he will work to combine both proposals for a final vote by year's end.

Barton acknowledged that experts had recently found more than 60 varieties of spyware installed on the panel's own computers. He said all the spyware programs had been installed without the permission of computer users.

The committee's ranking Democrat, Rep. Jan Schakowsky of Illinois, called the proposal approved Tuesday "a bill whose time has come."

"People are increasingly finding their home pages have been changed or their computers are sluggish," she said. "Their computers are no longer their own, and they can't figure out why."

The House bill approved Tuesday explicitly permits snooping software built by the FBI or spy agencies secretly collecting information under a court order or other legal permissions affecting federal departments.

The bill's bans against spyware would begin 12 months after it becomes law and would automatically expire after 2009.


TOPICS: News/Current Events
KEYWORDS: computersecurity; privacy

1 posted on 10/06/2004 9:01:01 PM PDT by InvisibleChurch
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To: InvisibleChurch
Oh good....next they'll fix SPAM.
2 posted on 10/06/2004 9:02:08 PM PDT by Drango (NPR-When government funds a "news" outlet that has a bias...it's no longer news...it's propaganda.)
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To: InvisibleChurch
Gator SWEARS it's not Spyware -- and sues anyone that calls it that.

< |:/~

3 posted on 10/06/2004 9:03:45 PM PDT by martin_fierro (So to speak, if you will.)
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To: InvisibleChurch
Seems like a good time to post this again:

FREE PC PROTECTION:
(Not an exhaustive list. Your results may vary. Void where prohibited. For entertainment purposes only. No wagering, please. Whattayawantfernuthin'.)
(Thanks, but "Buy a Mac" doesn't qualify as "FREE PC protection")

4 posted on 10/06/2004 9:08:51 PM PDT by martin_fierro (So to speak, if you will.)
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To: InvisibleChurch
Rep. Ron Paul, R-Texas, who often votes against spending measures, cast the lone dissenting vote Tuesday.

The neanderthal of the House. What "spending" was involved in this measure?

Doctor "No".

5 posted on 10/06/2004 9:09:21 PM PDT by sinkspur ("I exist in the fevered swamps of traditional arcana. "--Cardinal Fanfani)
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To: InvisibleChurch

Yea!!! I've always felt these people don't have a right to use my property without my permission. They should all be sued out of business.


6 posted on 10/06/2004 9:12:48 PM PDT by boycott
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To: InvisibleChurch
federal fines

That'll stop 'em.  Like another gun law in Massachusetts.  Or better yet glow-in-the-dark neon paint that will keep Teddy ON the bridge next time.

Perhaps a month in the same jail cell with Martha Stewart would be a deterrence.

7 posted on 10/06/2004 9:18:29 PM PDT by quantim (Victory is not relative, it is absolute.)
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To: quantim
Perhaps a month in the same jail cell with Martha Stewart would be a deterrence

~shudder

8 posted on 10/06/2004 9:25:35 PM PDT by Drango (NPR-When government funds a "news" outlet that has a bias...it's no longer news...it's propaganda.)
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To: InvisibleChurch

Cool!!!

Does this mean that Kerry's going to get fined for his big, last minute "ValueClick" ad buy?


9 posted on 10/06/2004 10:12:21 PM PDT by TommyUdo (It takes a Kerry to raze a Village)
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To: InvisibleChurch
"The bill's bans against spyware would begin 12 months after it becomes law and would automatically expire after 2009."

Why not make it banned immediately? Why not make it NEVER expire? Will they do what they did with the SPAM law and make it so individual citizens can NOT sue spammers? How fair was that?

Let the citizen institute class action lawsuits against these spammers and spyware distributors and watch the occurrences drop to zero!

The anti spam law was called CAN SPAM by the tech journalist and spammers.
10 posted on 10/06/2004 10:21:40 PM PDT by JSteff
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To: sinkspur
The neanderthal of the House.

The only folks who see Paul as a Neanderthal are those suffering the 'living constitution' delusion.

11 posted on 10/07/2004 10:08:39 AM PDT by jmc813 (J-E-T-S JETS JETS JETS)
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