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House Passes Spyware Bills

Posted by samzenpus on from the listen-to-the-law dept.

stinerman writes "Today the house passed two bills aimed at stopping spyware / adware and unauthorized use of computers. H.R. 29 makes it 'unlawful for any person who is not the owner or authorized user of a protected computer to engage in deceptive acts or practices'. H.R. 744 (I-SPY Act) prohibits accessing a protected system via code copied on to the system to, among other things, disseminate personal information. Both bills sailed through the house and are expected to be passed by the Senate."

2 of 226 comments (clear)

  1. I'm no lawyer but... by ZeroTrace · · Score: 5, Informative

    US Code Title 18 Section 1030e: (2) the term "protected computer" means a computer-- (A) exclusively for the use of a financial institution or the United States Government, or, in the case of a computer not exclusively for such use, used by or for a financial institution or the United States Government and the conduct constituting the offense affects that use by or for the financial institution or the Government; or (B) which is used in interstate or foreign commerce or communication, including a computer located outside the United States that is used in a manner that affects interstate or foreign commerce or communication of the United States; This doesn't protect anybody but the government... Back to the drawing board I guess.

    1. Re:I'm no lawyer but... by hhghghghh · · Score: 5, Informative

      or (B) which is used in interstate or foreign commerce or communication, including a computer located outside the United States that is used in a manner that affects interstate or foreign commerce or communication of the United States; This doesn't protect anybody but the government... Back to the drawing board I guess. The wording is because of States' rights. Congress can pass laws regulating interstate commerce, and some other topics (like defense, international relations, etc.) In practice, if you've ever used your computer to buy something off of e-bay, or to even look at a commercial from out-of-state, it's been used for interstate commerce. And if you haven't, you might. So that means everybody, just nice and constitutional-like.