Spyware vendors are targeted with tougher criminal penalties under
legislation approved by the U.S. House Judiciary Committee this week. The
bill also authorizes $10 million for the Department of Justice to fight
spyware and phishing scams.
The Internet Spyware (I-SPY) Prevention Act of 2005 is one of two major
anti-spyware measures pending in the House. The House Energy and Commerce
Committee approved the Securely Protect Yourself Against Cyber Trespass Act
(SPY Act) in April.
Unlike the SPY Act, the I-SPY legislation doesn’t focus on what is or is not
spyware. Instead, it imposes prison terms for
intentionally accessing a computer without authorization for the purpose of
planting unwanted software.
“The I-SPY Prevention Act is unique because it focuses on behavior, not
technology, and it targets the worst forms of spyware without unduly
burdening technological innovation,” bill co-sponsor Rep. Zoe Lofgren (D-Calif.)
said in a statement.
The SPY Act, on the other hand, requires that consumers receive a “clear and
conspicuous” notice prior to the downloading of software. The bill contains
a number of exceptions to the download disclosure requirement.
Both bills are awaiting a full floor vote by the House. Last year, the House
approved legislation similar to the I-SPY and SPY Acts, but both measures
failed in the Senate.
“I am encouraged by the passage of this legislation through the Judiciary
Committee,” Rep. Bob Goodlatte (R-Vir.), another co-sponsor, said. “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 online for consumers.”
Under the I-SPY bill, using unauthorized access to a computer to further
another criminal offense is punishable by a fine or imprisonment for up to
five years. If the access is used to transmit personal information for the
purposes of fraud or damaging a computer, the prison terms can range up to
two years.
“Spyware makes spam look like child’s play and is one of the key reasons why
we have an identity theft epidemic in this country,” Lofgren said. “I
believe that this legislation will help stem the spyware tide and contribute
to a solution that protects businesses and consumers without slowing
innovation.”
