Slashdot Mirror

← Back to Stories (view on slashdot.org)

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."

7 of 226 comments (clear)

  1. Spyware with permission? by Kinky+Bass+Junk · · Score: 5, Interesting

    What about spyware that asks permission before it installs, like Gator and all that. Is that sorta thing covered in this?

    --
    Anonymous Coward
  2. Unenforceable? by Dancin_Santa · · Score: 5, Interesting

    This is a great step, if only in spirit.

    When the spammers and spyware makers start getting fined and sent to jail I think we'll have something to crow about.

    Until then, it's just a feelgood law.

  3. Unintended consquences by lotussuper7 · · Score: 5, Interesting

    Well, I'm not the legal wizard, but the first thing I thought about was will these bills have unintended consequences like the DMCA?

    I'm sure that Congress-critters didn't intend companies using the DMCA as an agressive legal weapon it has become.

    What twists will these bill's be given to turn them into tools for the harassment of honest people?

    --
    ----- Lotus Super 7 - A real car. :-}
  4. What about non-US spyware? by skiman1979 · · Score: 5, Interesting

    What about spyware coming from non-US systems? US law does not govern these systems. What happens then if I get hit with spyware from some other country?

    --
    Having a smoking section in a public restaurant is like having a peeing section in a public swimming pool.
  5. Re:But... by takeya · · Score: 4, Interesting

    I agree, like it or not, this is not really something the government has been delegated the right to have a say in by the people.

    Slashdot is too full of narrow-sighted people who will say the same things I just did about acts like REAL ID, but fail to realize that legislating computer software is also not within their rights. The 10th amendment is always my favorite defense, but nobody really cares about the Bill of Rights anymore and it's sad.

  6. Wiretapping by jwdb · · Score: 4, Interesting

    How does this affect government observation programs (you know, carnivore et al...)? Does this force them to get a warrant in all cases to certify that they really are 'authorized users'?

    Jw

  7. A few observations by deblau · · Score: 4, Interesting
    First, all the comments about 18 U.S.C. 1030. Your home computer is a "protected computer" since you buy things with it online. That pulls it under the interstate commerce clause, and the power of Congress to regulate it.

    Second, the first bill, H.R. 29, doesn't provide for a private cause of action. It says it's enforced by the FTC. Which means you can't sue under this bill (if it becomes law).

    Third, the second bill allows for an (implied) private cause of action: No person may bring a civil action under the law of any State if such action is premised in whole or in part upon the defendant's violating this section. It doesn't say you can't bring a criminal action under state law, so you may not be required to file in federal court.

    My sense of the bills is that the first goes after companies who make and bundle spyware, while the second goes after extortionists, phishers, virus writers and the like.

    --
    This post expresses my opinion, not that of my employer. And yes, IAAL.