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:
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.
