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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."

7 of 226 comments (clear)

  1. Phew! by CommunistTroll · · Score: 5, Funny
    I was beginning to be worried about spyware, but now that Congress has stepped up to the plate all my worries are over!

    There'll be no more spyware by Christmas, let me tell you.

  2. 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?

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  3. 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.

  4. 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?

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  5. 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.

  6. 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?

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