Bill targets spyware, high-tech hackers

You might not be a target of the Bush Administration eavesdropping and wiretapping program, but if you own a personal computer, someone is probably watching you and gathering information about you.

“People are sick and tired of having their personal information pilfered and having their computers hijacked by thieves who want to know what you eat, what you wear, what you read and how you spend your personal time,” said Rep. Brian Patrick Kennedy (D-Dist. 38, Hopkinton, Westerly). “I am introducing legislation that will make Rhode Island one of a handful of states that will officially and under penalty of civil action put an end to all that.”

Titled “Software Fraud,” the bill introduced by Representative Kennedy,(2006 – H6811), would prohibit the installation of spyware on computers and would make installing spyware a crime, punishable by civil action including up to $1,500 in damages per violation.

Spyware is software the tracks a computer user’s actions, gathers data about customers or reconfigures computer settings. It is often placed on a user’s computer unknowingly when the user visits certain Web sites or downloads certain programs, and can lead to such things as computer viruses or identity theft.

The Kennedy bill, which has been referred to the House Committee on Judiciary, targets spyware that modifies, through deceptive means, a user’s personal home page, the operator’s default Internet provider or Web proxy, or list of bookmarks. It also targets spyware that collects personal information from the user, prevents the user from blocking or disabling such programs, and disables any anti-spyware or antivirus software installed on the computer.

It also applies to spyware that accesses a user’s modem or Internet service to cause damage to the computer or cause the owner to incur financial charges for an unauthorized service, and spyware that opens multiple, stand-alone ads that cannot be closed without turning off the computer or closing the Internet browser.

“Spyware has eclipsed pop-up ads as one of the most annoying hazards on the Internet today,” said Representative Kennedy. “I’ve had spyware programs on my computer that actually wanted me to pay to remove them when the actual solution cost nothing. Unfortunately, not everyone can research these parasitic programs and they end up paying for something they don’t need.”

California and Utah were the first two states to put anti-spyware laws on the books, although the Utah law has been under attack for being too broad. In 2005, Arizona, Arkansas and Virginia joined the anti-spyware law fold. Similar measures are currently being considered in several other states and it appears likely that Congress, and specifically the Senate Commerce Committee, will be investigating the feasibility of federal action.