I 

108TH CONGRESS 

2D SESSION H. R. 4661

To amend title 18, United States Code, to discourage spyware, and for 

other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 23, 2004

Mr. GOODLATTE (for himself, Ms. LOFGREN, and Mr. SMITH of Texas) introduced the following bill; which was referred to the Committee on the Judiciary 

A BILL

To amend title 18, United States Code, to discourage 

spyware, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Internet Spyware (I5 SPY) Prevention Act of 2004’’. 

6 SEC. 2. PENALTIES FOR CERTAIN UNAUTHORIZED ACTIVI7 TIES RELATING TO COMPUTERS. 

8 (a) IN GENERAL.—Chapter 47 of title 18, United 

9 States Code, is amended by inserting after section 1030 

10 the following: 
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1 ‘‘§ 1030A Illicit indirect use of protected computers 

2 ‘‘(a) Whoever intentionally accesses a protected com3 puter without authorization, or exceeds authorized access 

4 to a protected computer, by causing a computer program 

5 or code to be copied onto the protected computer, and in6 tentionally uses that program or code in furtherance of 

7 another Federal criminal offense shall be fined under this 

8 title or imprisoned 5 years, or both. 

9 ‘‘(b) Whoever intentionally accesses a protected com10 puter without authorization, or exceeds authorized access 

11 to a protected computer, by causing a computer program 

12 or code to be copied onto the protected computer, and by 

13 means of that program or code—

14 ‘‘(1) intentionally obtains, or transmits to an15 other, personal information with the intent to de16 fraud or injure a person or cause damage to a pro17 tected computer; or 

18 ‘‘(2) intentionally impairs the security protec19 tion of the protected computer; 

20 shall be fined under this title or imprisoned not more than 

21 2 years, or both. 

22 ‘‘(c) No person may bring a civil action under the 

23 law of any State if such action is premised in whole or 

24 in part upon the defendant’s violating this section. For 

25 the purposes of this subsection, the term ‘State’ includes 
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1 the District of Columbia, Puerto Rico, and any other terri2 tory or possession of the United States. 

3 ‘‘(d) As used in this section—

4 ‘‘(1) the terms ‘protected computer’ and ‘ex5 ceeds authorized access’ have, respectively, the 

6 meanings given those terms in section 1030; and 

7 ‘‘(2) the term ‘personal information’ means—

8 ‘‘(A) a first and last name; 

9 ‘‘(B) a home or other physical address, in10 cluding street name; 

11 ‘‘(C) an electronic mail address; 

12 ‘‘(D) a telephone number; 

13 ‘‘(E) a Social Security number, tax identi14 fication number, drivers licence number, pass15 port number, or any other government-issued 

16 identification number; or 

17 ‘‘(F) a credit card or bank account number 

18 or any password or access code associated with 

19 a credit card or bank account.’’. 

20 (b) CONFORMING AMENDMENT.—The table of sec21 tions at the beginning of chapter 47 of title 18, United 

22 States Code, is amended by inserting after the item relat23 ing to section 1030 the following new item:

‘‘1030A. Illicit indirect use of protected computers.’’.

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