SPY ACTSecurely Protect Yourself Against Cyber Trespass Act (proposed US privacy legislation)
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The Counter Spy Act was introduced in the Senate on June 14, 2007 as a hybrid of the two House acts.
Both the SPY ACT and the Counter Spy Act explicitly prohibit many practices.
Although the SPY ACT admirably attempts to alleviate the problem of inadequate user consent to spyware and adware by requiring software to contain certain kinds of notice, problems still exist.
(155) CEOs of the Business Software Alliance (BSA) also seem to support the bills, albeit hesitantly; for example, BSA President Robert Holleyman said that both the SPY ACT and I-SPY Act have "good elements." (156)
The Direct Marketing Association (DMA) and other groups have backed the I-SPY bill, but not the SPY ACT, on the theory that the SPY ACT's definitions of "computer software" and "information collection program" could extend beyond downloadable programs to web pages and thereby interfere with normal browsing activity.
It seems an unlikely argument that, as the FTC has stated, additional legislation will "muddle [the FTC's] ability to go after cyber-criminals when it finds them." (166) Instead, the hybrid solution of the Counter Spy Act could increase available criminal penalties (167) for Department of Justice enforcement and expand the FTC's powers to fight spyware.
If Congress passes the Counter Spy Act, it will have an important new weapon in the fight against annoying and malicious spyware; however, by the time any of the proposed laws are passed, new threats will have arisen.
(125.) See SPY ACT, supra note 13, [section] 5(a); I-SPY Prevention Act of 2007, supra note 13, [section] 2; Counter Spy Act, supra note 13, [section] l(c).
(135.) House Passes SPY Act Even as Backer Admits Knotty Provision, WASH.
(136.) Compare I-SPY Act, supra note 13, [section] 2(a) with SPY ACT, supra note 13, [section] 2(a).
with knowledge that a reasonable computer user cannot close the advertisements without turning off the computer or forcing an application to close using means other than the ordinary means for closing the application." Counter Spy Act, supra note 13, [section] 3(1)(D).
Goodlatte offered concerns in a written statement that the SPY Act was too broad and sweeping, "and would result in the regulation and penalization of those legitimate software companies that are actually trying to play by the rules."