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WYDEN INTRODUCES LEGISLATION TO PROTECT COMPUTER
USERS FROM “SPYWARE” AND OTHER HIDDEN DOWNLOADS
SPYBLOCK
bill would require consent, uninstall capabilities for software
March 21, 2005
Washington,
DC – U.S. Senator Ron Wyden (D-Ore.) today announced the
introduction of legislation to prohibit a variety of surreptitious
practices that result in spyware, adware and other unwanted software
being placed on consumers’ computers. The bipartisan SPYBLOCK
(Software Principles Yielding Better Levels of Consumer Knowledge)
Act, introduced with Senator Conrad Burns (R-Mont.), would prohibit
the installation of software on a computer without the owner’s
notice and consent. The legislation also 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.
“Oregonians use computers
daily to pay their bills, research medical conditions and to shop
online, and no one should have to worry that with each click of
a mouse their every move in cyberspace is being watched,”
said Wyden. “Consumers should have control over the programs
on their machines and should not have their privacy jeopardized
by invasive programs lurking on their computers. That’s
what the SPYBLOCK bill is about.”
Wyden’s SPYBLOCK legislation
starts from the premise that each computer user should have knowledge
and control over what software is on his or her machine. Thus,
the bill’s prohibitions generally focus on the installation
of software. Specifically, the bill would prohibit:
• Surreptitious installation
of software, where the user never intended to trigger the installation
of any software and may not even be aware that any installation
is occurring;
• Misleading inducements
to install software, where a user is tricked into installing software
by misrepresentations concerning who is providing the software
or what it does;
• Installing software
that, once installed, prevents efforts by the user to uninstall
or disable it;
• Installing software
that surreptitiously collects and transmits information about
the user of a computer, automatically and without notice to the
user, for purposes that are not related to making a users software
or online service operate as intended;
• Installing software
that causes ads to appear without identifying itself as the source
of the ads; and
• Engaging in any of a
variety of other deceptive practices that thwart a users control
over his or her computer.
The bill also includes criminal
penalties for certain particularly egregious and intentional acts,
and protection for providers of anti-spyware technology acting
in good faith from being sued for blocking or removing software
programs from a user’s computer.
The Federal Trade Commission would be charged with enforcing SPYBLOCK,
with violations treated as unfair or deceptive trade practices.
In addition, state Attorneys General would be authorized to bring
actions as well. The bill would preempt state spyware statutes,
except to the extent such statutes prohibit deception.
Wyden has long been one of Congress’
leading advocates of responsible, consumer-friendly technology
growth.
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