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Spyware Bills Passed Again By The House

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

26 May 2005

The US House of Representatives on Monday overwhelmingly passed HR 29, the Securely Protect Yourself Against Cyber Trespass Act (SPY ACT).

The legislation in question 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).

It was passed by the House last year, but the Senate adjourned before action could be taken on the matter, necessitating its resubmission by Rep. Bono in January of this year.

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. It 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 Senate by Senators Conrad Burns (R-MT), Ron Wyden (D-OR), and Barbara Boxer (D-CA), is currently being considered by the Senate Commerce, Science and Transportation Committee.

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