On May 2^nd, the House Judiciary Committee passed an antispyware bill. This bill was first introduced to the House in 2004 and passed in 2005. But, both times it failed to make it through the Senate. The current version of the bill, H.R. 964 will next be voted on by the House. I think everyone realizes spyware is a problem on the Internet.  But there are many facets of the new bill that have companies and individuals concerned.

Summary of H.R. 964:  

H.R. 964 would make it unlawful for any person who is not an authorized user or owner of a protected computer to engage in unfair or deceptive practices in connection with specified conduct, including: 1. taking unsolicited control of the computer; 2. modifying computer settings; 3. collecting personally identifiable information; 4. inducing the computer owner to disclose personally identifiable information; 5. inducing the unsolicited installation of computer software; and 6. removing or disabling a legitimate security, antivirus or antispyware program on the computer.

Sounds great doesn’t it. But, not everyone is impressed by this proposed legislation. The following is a list of concerns that critics of H.R. 964 have addressed:

1. It will not protect Internet users against spyware created in any country outside of the United States. There is no similar legislation pending in the United Kingdom and it would be very difficult and expensive for the United States to thwart the spyware practices of other countries violating this act.
2. Though H.R. 964 calls for stricter enforcement of spyware laws, there is no new money allocated by the bill to support the added enforcement.
3. Section 6 of the bill calls for a “Federal Pre-emption” which means this federal law would hold sway over any state laws regarding spyware. This is particularly disappointing, as many states have stricter laws regarding spyware than the ones proposed by this legislation.
4. The spyware act omits legislation regarding cookie technology. Cookies are often used to track and collect personal information, but legislators’ have purposely avoided cookie legislation with this bill, calling cookies a “Pandora’s Box”.
5. The law will still allow any vendor you do business with on your computer to utilize any of the deceptive practices the bill prohibits and load spyware on your computer.
6. The law also makes exceptions and specifically protects computer manufacturers from any liability for spyware they load on your computer before you buy.
7. The bill states that “no person other than the Attorney General of a State may bring a civil action” under the law. This may be the most disturbing aspect of the bill, as it eliminates the ability of individuals to bring spyware suits against companies who have victimized them. If this act is passed, it will be required that all individuals who believe they’ve been victimized by spyware, convince the FTC or state attorney general to take their case.