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to S. 2145
SENATORS SEEK TO PROTECT COMPUTER
USERS FROM
“SPYWARE,” HIDDEN DOWNLOADS
SPYBLOCK Act would require consent, uninstall
capabilities for software
February 26, 2004
Washington, DC – U.S.
Senators Ron Wyden (D-Ore.), Conrad Burns (R-Mont.) and Barbara
Boxer (D-Calif.) today introduced legislation to prohibit spyware,
adware, and other invasive software from being secretly installed
on Americans’ computers. For the first time, the SPYBLOCK
(Software Principles Yielding Better Levels of Consumer Knowledge)
Act would prohibit installing software on somebody else's computer
without notice and consent, and requires reasonable "uninstall"
procedures for all downloadable software. Spyware, adware and
other hidden programs often secretly piggyback on downloaded Internet
software without the user’s knowledge, transmitting information
about computer usage and generating pop-up advertisements. Frequently
such software is designed to be virtually impossible to uninstall.
“The Internet is a window
on the world, but spyware allows virtual Peeping Toms to watch
where you go and what you do on the Internet,” said Wyden.
“Computer users should have the security of knowing their
privacy isn’t being violated by software parasites that
have secretly burrowed into their hard drive.”
“Computer users should
have the same amount of privacy online as they do when they close
the blinds in the windows of their house,” said Burns. “But
this is not the case, as computers across the country are being
hijacked everyday as users unknowingly download unwanted and deceitful
programs that spy into their online world. Computer users must
have some sort of defense against these sneaky programs hiding
in the shadows of their machines.”
Boxer said, “This legislation
will give consumers control over the programs that are downloaded
onto their computers. As more and more people use the Internet,
privacy violations become a greater threat, and we want to give
our constituents the power to protect themselves from spyware
and other hazardous software.”
The SPYBLOCK Act’s general
notice and consent requirement could be satisfied by commonly
used on-screen dialog boxes that tell users that clicking “OK”
will trigger the download of a particular program. More specific
disclosure requirements kick in if the software has specific types
of features, such as:
· Features sometimes known as
“spyware,” that collect information about the user
and transmit it over the Internet to a third party;
· Features sometimes
known as “adware,” that cause pop-ups or other advertisements
to appear on the user’s machine;
· Features that
transmit messages or data over the Internet to third parties for
purposes unrelated to any task the computer user is intentionally
performing using the computer, such as hijacking the user’s
computer to send spam or to perform other tasks; and,
· Features that modify
user settings without the user’s consent, such as automatically
changing the designated “home page” on the user’s
Web browser.
Additionally, the bill absolutely
prohibits programs designed to trick users about who is responsible
for content a user sees, such as causing a counterfeit replica
of a company’s Web site to appear whenever the consumer
attempts to navigate toward a legitimate company’s Web site.
These types of programs have been used to fraudulently obtain
personal financial information from users confused by dummy Web
sites.
The bill would be enforced by
the Federal Trade Commission (FTC) and state attorneys general.
The FTC could impose penalties just as it does for unfair and
deceptive practices, including cease-and-desist orders and civil
fines. State attorneys general could bring suits seeking injunctions,
plus damages or other relief.
The bill is expected to be referred
to the Senate Committee on Commerce, Science and Transportation,
of which Wyden, Burns and Boxer are members.
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