Cookies Not To Be Targeted By SPY Act

by Glen Shapiro, LawAndTax-News.com, New York

18 February 2005

It emerged on Wednesday that the House Subcommittee on Commerce, Trade and Consumer Protection has amended the SPY Act to exclude third party cookies placed on the computers of internet users.

Concerns had been expressed last month that the legislation, officially known as the Securely Protect Yourself Against Cyber Trespass Act, would prevent the use of technology used by website advertisers and the sites themselves to target, serve and monitor internet adverts. However, the amendment put in place by the House Subcommittee removes such technology from the remit of the Act.

Explaining the reasoning behind the change, Rep. Cliff Stearns (R-Fla) told the US media that:

"This amendment otherwise clarifies an excellent bill. The bill should not penalize authentic use of the technology. It does not apply to cookies, including third-party cookies."

The legislation does, however, prohibit activities such as homepage hijacking, phishing and keystroke logging, and puts in place penalties of up to $3 million for those found to be in violation of the law.

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