Bono Bill to Protect Consumers from Computer "Spyware" Passes in Congressional Subcommittee

WASHINGTON, D.C. -- Congresswoman Mary Bono's (R-CA) legislation to shield consumers from invasive and unprompted spyware passed today in the House Energy and Commerce Committee's Subcommittee on Commerce, Trade and Consumer Protection.   

 

"Consumers are regularly and unknowingly downloading spyware software programs that have the ability to track their every move," said Congresswoman Bono.  "We have the opportunity and responsibility in Congress to protect consumers from egregious spyware behavior and afford consumers a clear choice to decline or accept when legitimate spyware software is downloaded on their computer.   Consumers deserve to have an effective spyware law on the books that will work to restore their confidence and security when using the Internet.  The bill we have before the committee today represents a cooperative effort to bring this commonsense legislation forward and I look forward to its swift passage in the House," added Bono. 

 

H.R. 29, the Securely Protect Yourself Against Cyber Trespass Act (SPY ACT), protects 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 includes provisions to prohibit unfair or deceptive behavior such as key-stroke logging, computer high-jacking and the display of advertisements that cannot be closed, according to Bono.

 

An amendment was offered today in the subcommittee to H.R. 29 to, among other technical changes, clarifying that cookies (passive text files), including tracking cookies, are not subject to the provisions of the bill.  The bill directs the Federal Trade Commission (FTC) to issue a report regarding cookies, including third-party cookies, that studies the behavior of cookies as technology advances.

 

This legislation is co-sponsored by Congressman Ed Towns (D-NY) and is expected to be considered by the full House Energy and Commerce Committee soon before going to the floor of the House of Representatives for final passage within the first part of the year.