WASHINGTON, D.C. -- In a move supported by consumers and industry, the U.S. House of Representatives today overwhelmingly passed H.R. 29, the Securely Protect Yourself Against Cyber Trespass Act (SPY ACT).  This landmark computer privacy legislation was authored by Congresswoman Mary Bono (R-CA), with Congressman Ed Towns (D-NY), and championed by original co-sponsors Energy and Commerce Committee Chairman Joe Barton (R-TX), Ranking Member John D. Dingell (D-MI), Commerce, Trade and Consumer Protection Subcommittee Chairman Cliff Stearns (R-FL), and Subcommittee Ranking Member Jan Schakowsky (D-IL).  

 

“As this nation continues to push towards a global e-commerce marketplace, spyware stands to undermine the security and integrity of e-commerce and data security,” Bono said.  "Daily web activities by consumers have become stalking grounds for computer hackers through spyware.  Consumers regularly and unknowingly are downloading software programs that have the ability to track their every move.  Consumers have a right to know and have a right to decide who has access to their highly personal information that spyware can collect.  It is imperative that Congress swiftly pass legislation that will empower consumers to take back control of their computers and safeguard their personal information," added Bono. 

 

"Criminals are adapting quickly to the new digital world," Barton said.  "To my mind, invading a personal computer is no different than breaking and entering a person's home. This bill encourages regulators to slam the window down on the spies, cheats and thieves who sneak into people's computers."

 

“This bill takes significant steps to combat spyware activities that are posing serious threats to consumer privacy and legitimate Internet commerce,” said Dingell. 

 

"I commend Rep. Bono for taking on the growing problem of spyware and for developing this legislation protecting computer users from these deceptive practices," said Stearns, Chairman of the Subcommittee on Commerce, Trade and Consumer Protection.  "I appreciated the opportunity to work with her in advancing this legislation through my subcommittee to the House floor."

 

“While not yet a household word, spyware is a household phenomenon. It is a serious threat to consumer privacy and financial security," said Schakowsky.  "Consumers have seen their bank account numbers, passwords, and other personal information stolen because of spyware they unknowingly downloaded by, quite innocently, visiting a bad website or clicking on a misleading agreement.  The time has come to pass the Spy Act."

 

“Problems related to spyware have become so widespread that I can't run into someone who has not been negatively affected by it,” said Towns.  “H.R. 29 provides consumers with new tools to protect themselves from unwanted, harmful software while still preserving innovation and legitimate technological applications. The American public needs a federal spyware bill not only to safeguard consumers' privacy but also to ensure the long-term integrity of e-commerce.”

 

Spyware is a type of software which can be downloaded onto a consumer's personal computer by a third party without the consumer's knowledge.  Spyware collects information about the user and can enable third parties to track and gather data regarding the user's web behavior and keystrokes whenever online.  Collected information can include credit card numbers, passwords and other personal information, which can then be sold for illegal purposes or used to drive advertising to computers.  Spyware can be found on any number of very popular web-sites, and users can even be infected and tracked by visiting just a single site on which one of the advertisers uses spyware.

 

Congresswoman Bono introduced H.R. 29, "Securely Protect Yourself Against Cyber Trespass Act," (SPY Act) in January of 2005.  The bill protects individuals from unknowingly downloading spyware by requiring that consumers receive a clear and conspicuous notice prior to the transmission of any spyware software.  The bill additionally includes provisions to prohibit unfair or deceptive behavior such as key-stroke logging, computer high jacking, phishing and the display of advertisements that cannot be closed.

 

A companion bill, introduced in the U.S. Senate by Senators Conrad Burns (R-MT), Ron Wyden (D-OR), and Barbara Boxer (D-CA), is currently being considered in the Senate Commerce, Science and Transportation Committee.