IB 
Union Calendar No. 426
108TH CONGRESS 
2D SESSION 
H. R. 4661
[Report No. 108–698] 
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) intro-
duced the following bill; which was referred to the Committee on the Ju-
diciary 
SEPTEMBER 23, 2004
Additional sponsor: Mrs. JO ANN DAVIS of Virginia 
SEPTEMBER 23, 2004 
Reported with an amendment, committed to the Committee of the Whole 
House on the State of the Union, and ordered to be printed 
[Strike out all after the enacting clause and insert the part printed in italic] 
[For text of introduced bill, see copy of bill as introduced on June 23, 2004] 
A BILL 
To amend title 18, United States Code, to discourage 
spyware, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Internet Spyware (I–
SPY) Prevention Act of 2004’’. 
SEC. 2. PENALTIES FOR CERTAIN UNAUTHORIZED ACTIVI-
TIES RELATING TO COMPUTERS. 
(a) IN GENERAL.—Chapter 47 of title 18, United 
States Code, is amended by inserting after section 1030 the 
following: 
‘‘§ 1030A. Illicit indirect use of protected computers 
‘‘(a) Whoever intentionally accesses a protected com-
puter without authorization, or exceeds authorized access to 
a protected computer, by causing a computer program or 
code to be copied onto the protected computer, and inten-
tionally uses that program or code in furtherance of another 
Federal criminal offense shall be fined under this title or 
imprisoned not more than 5 years, or both. 
‘‘(b) Whoever intentionally accesses a protected com-
puter without authorization, or exceeds authorized access to 
a protected computer, by causing a computer program or 
code to be copied onto the protected computer, and by means 
of that program or code—
‘‘(1) intentionally obtains, or transmits to an-
other, personal information with the intent to defraud 
or injure a person or cause damage to a protected 
computer; or
‘‘(F) a credit card or bank account number 
or any password or access code associated with 
a credit card or bank account.’’. 
(b) CONFORMING AMENDMENT.—The table of sections 
at the beginning of chapter 47 of title 18, United States 
Code, is amended by inserting after the item relating to 
section 1030 the following new item:
‘‘1030A. Illicit indirect use of protected computers.’’.
SEC. 3. AUTHORIZATION OF APPROPRIATIONS. 
In addition to any other sums otherwise authorized to 
be appropriated for this purpose, there are authorized to 
be appropriated for each of fiscal years 2005 through 2008, 
the sum of $10,000,000 to the Attorney General for prosecu-
tions needed to discourage the use of spyware and the prac-
tice commonly called phishing. 
SEC. 4. FINDINGS AND SENSE OF CONGRESS CONCERNING 
THE 
ENFORCEMENT 
OF 
CERTAIN 
CYBERCRIMES. 
(a) FINDINGS.—Congress makes the following findings: 
(1) Software and electronic communications are 
increasingly being used by criminals to invade indi-
viduals’ and businesses’ computers without authoriza-
tion. 
(2) Two particularly egregious types of such 
schemes are the use of spyware and phishing scams.
(3) These schemes are often used to obtain per-
sonal information, such as bank account and credit 
card numbers, which can then be used as a means to 
commit other types of theft. 
(4) In addition to the devastating damage that 
these heinous activities can inflict on individuals and 
businesses, they also undermine the confidence that 
citizens have in using the Internet. 
(b) SENSE OF CONGRESS.—Because of the serious na-
ture of these offenses, and the Internet’s unique importance 
in the daily lives of citizens and in interstate commerce, 
it is the sense of Congress that the Department of Justice 
should use the amendments made by this Act, and all other 
available tools, vigorously to prosecute those who use 
spyware to commit crimes and those that conduct phishing 
scams.
Union Calendar No. 426
108TH CONGRESS 
2D SESSION 
H. R. 4661
[Report No. 108–698] 
A BILL 
To amend title 18, United States Code, to 
discourage spyware, and for other purposes. 
SEPTEMBER 23, 2004
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed