House Approves Anti-Spyware Legislation
By Ed Oswald | Published May 23, 2007, 12:14 PM
The House of Representatives passed legislation Wednesday that further penalizes the use of spyware, but leaves out requirements for compliance by software developers.
Some lawmakers sought provisions that would have required software to clearly notify what would be installed and obtain consent. Software industry officials protested the proposed policies, which were taken out and resubmitted as a new bill that passed.
Up to a five-year jail term awaits those who use spyware to commit fraud. Offenses where a party obtains or transmits personal information for fraudulent purposes are punishable by a two-year jail term.
Bill sponsor Rep. Zoe Lofgren (D-Calif.) said the bill protects consumers "without unduly burdening technological innovation." $10 million USD will be awarded to the Department of Justice to help fight spyware and phishing scams.
Spyware is identified as software that collects information and then transmits it to another party without consent. Similar non-malicious software exists, which some feared could have been considered "spyware" in terms of the legislation.
The bill now heads to the Senate, where such legislation has had difficulty in getting approved. In past sessions when Republicans were in control, the House approved several spyware bills that never passed the Senate.
Waste of our Represenitives times, how about an education bill that will allow students who are the first in their family to go to college some help?
How about something useful like closing our border so people who are not allowed in our country don't get jobs and we stop having to support and educate their children?
Illegal mexicans take legal mexican-american's jobs. The above statement is a joke, as many who are against ILLEGAl immigration claim those that come to this country without permission take jobs from americans.
But lets be frank, americans do not want to pick corn, but people who came to America and do want to pick corn should get those jobs. They should get paid enough to teach thier children to make it in the world, and help this country become greater.
The biggest thing I have against paying illegal(s) and supporting their children, is the fact the money we give them, is going to Mexico to support the other half of their family.
I am only using Mexican's and Mexican-Americans as an example of the immigration problem face in this country. I have nothing against Mexican-Americans and hope each one of them will attempt achieve to become better citizens ( i.e. educate themselfs, and become a helpful and productive citizen of this country ).
To the illegal immigrants in this country, get the hell out, stop leeching off our culture because your country sucks.
Score: 0
|Oh...
I get it... so illegal aliens are spyware?
Score: 0
|How's the anti-spam legislation working out?
I always felt like "Can Spam" sounded like a law passed so people can spam. Haha. Anyway...
Score: 0
|Thats if you get caught... There are so many ways to hide where the spam is coming from. You can buy an smtp account in South Africa and spam your little heart out. The Spam law is a good, but its only good if you actually get caught. Even if you do get caught - they are not bound by US law. Catching someone on the web that knows what they are doing is a very hard thing to do sometimes
Score: 0
|US laws don't apply to servers set in other countries...not exactly a difficult thing to do!
Score: 0
|"Even if you do get caught - they are not bound by US law."
So...this hasn't stopped the morons in our government from trying to police the entire freaking world yet. What make anyone think that will keep them from trying to enforce their will with this issue.
Score: 0
|I haven't read the legislative text yet, so forgive my ignorant question:
"Spyware is identified as software that collects information and then transmits it to another party without consent..."
Is this taken directly from the text or is that editorialized?
Score: 0
|No idea, but if it is, they pretty much just ruled out roguhly90% of what most folks consider to be spyware, considering the "consent" is usually given (usually piggybacking the install of another application, buried at the bottom of the EULA, etc..).
If they leave it in this state and do not require eye-popping consent, this is nothing more than double-speak along the lines of most "think of the children" legislation, existing solely to boost Public Image and par for the course for any self-respecting Democrat.
Score: 0
|Yes, but defining "another party" can be slippery with respect to computer software technologies.
Score: 0
|Great, but as in all the other initiatives that effect a market and a larger environment like the Net, the effective scope of this is only within the US. Hardly the 'long arm' of the law...
Don't look for anything that comes out of the Congress to be anything more than a Pyrrhic victory!
Besides, most of what many define as spyware is downloaded by individuals voluntarily without even a perusal of the EULA! And most cookies could be construed as spyware by their definition.
But then, after all, Congress stopped spam didn't they?
...And viruses...despite the difficulty in distinguishing between themselves and any other type of virus by definition less virulent than themselves.
Oh wait....... they didn't, did they? ;-))
Score: 0
|