Jay Inslee: Washington's 1st Congressional District
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Legislative Issues
Protecting Your Privacy
Spyware Legislation Introduced
29 April 2004
U.S. Rep. Jay Inslee (D-WA) announced today the introduction of new legislation to address the growing problem of spyware. Spyware is software that is deceptively installed on a user’s computer to collect personal information, modify computer settings, or display unwanted advertising. One business professional in Inslee’s district is a first hand victim of this technology. A misleading spyware program called "Spywiper" hijacked one of the computers at his private company; he ultimately had to pay a technician to remove the spyware, and lost a week of work because of the computer infection, which cost him at least $500.
Said Inslee, "Most computer users will tell you that spyware pops up and multiplies like cicadas. But spyware is not a natural event, it is purposefully inflicted. My legislation will target people who set spyware upon us with bad intent. We will be most successful in stamping out privacy violations while not harming legitimately beneficial consumer functions if legislation focuses on bad behavior rather than trying to define a certain type of software. Our bill does just that. It will also require adware distributors to get the computer user's consent before executing their hard-to-remove software."
Inslee’s legislation, the Computer Software Privacy and Control Act, H.R. 4255, confronts spyware by requiring a computer user’s notice and consent before the execution of certain software functions on his or her computer, including the collection of personal information, modification of computer settings, and display of advertising. The bill will provide for Federal Trade Commission (FTC) enforcement, civil action by state attorney generals, and enhance existing criminal penalties, as well as Congressional oversight of federal investigative agency use of such technology.
[ Read the text of the Computer Software Privacy and Control Act ] *
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Summary of Inslee Spyware Legislation:
Notice, Consent, and Uninstall:
H.R. 4255 requires notice and consent before execution of certain software functions that are associated with the spyware problem and most likely to be harmful to a computer user, such as collecting personal information or displaying unwanted advertisements. Notice, consent, and uninstall will be required if the software:
- collects personal information and transmits it to a third party, or
- monitors Internet usage, such as websites visited, or
- modifies your computer settings, such as your browser homepage or your dial-up, or connection, or
- delivers advertisements
Enforcement:
H.R. 4255 gives the Federal Trade Commission authority to enforce the law and impose civil fines and other penalties. It also allows State attorneys general to pursue civil action and damages, but requires notice to the FTC of such action, allows the FTC to join such action, and gives the FTC supremacy in a pending action. Finally, the bill strengthens the Computer Fraud and Abuse Act to allow criminal penalties for the transmission of software through deceptive means.
Oversight of Federal Investigative Authorities:
In order to better understand law enforcement use of such technology, H.R. 4255 requires the Attorney General to report to Congress on the use of computer software transmitted and executed on a user’s computer to conduct surveillance of the user’s computer activity and communication (the language mirrors former Rep. Armey’s reporting requirement for the Carnivore data mining system, which passed in the 107th (H.R.2215, Division A – DOJ Authorization, SEC. 305.))