IIB 
109TH CONGRESS 
1ST SESSION 
H. R. 744
IN THE SENATE OF THE UNITED STATES 
MAY 24, 2005
Received; read twice and referred to the Committee on the Judiciary 
AN ACT 
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,
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Internet Spyware (I-
SPY) Prevention Act of 2005’’. 
SEC. 2. PENALTIES FOR CERTAIN UNAUTHORIZED ACTIVI-
TIES RELATING TO COMPUTERS. 
(a) IN GENERAL.—Chapter 47 of title 18, 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 in-
tentionally 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 de-
fraud or injure a person or cause damage to a pro-
tected computer; or
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‘‘(2) intentionally impairs the security protec-
tion of the protected computer with the intent to de-
fraud or injure a person or damage a protected com-
puter; 
shall be fined under this title or imprisoned not more than 
2 years, or both. 
‘‘(c) No person may bring a civil action under the 
law of any State if such action is premised in whole or 
in part upon the defendant’s violating this section. For 
the purposes of this subsection, the term ‘State’ includes 
the District of Columbia, Puerto Rico, and any other terri-
tory or possession of the United States. 
‘‘(d) As used in this section—
‘‘(1) the terms ‘protected computer’ and ‘ex-
ceeds authorized access’ have, respectively, the 
meanings given those terms in section 1030; and 
‘‘(2) the term ‘personal information’ means—
‘‘(A) a first and last name; 
‘‘(B) a home or other physical address, in-
cluding street name; 
‘‘(C) an electronic mail address; 
‘‘(D) a telephone number; 
‘‘(E) a Social Security number, tax identi-
fication number, drivers license number, pass-
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port number, or any other government-issued 
identification number; or 
‘‘(F) a credit card or bank account number 
or any password or access code associated with 
a credit card or bank account. 
‘‘(e) This section does not prohibit any lawfully au-
thorized investigative, protective, or intelligence activity of 
a law enforcement agency of the United States, a State, 
or a political subdivision of a State, or of an intelligence 
agency of the United States.’’. 
(b) CONFORMING AMENDMENT.—The table of sec-
tions at the beginning of chapter 47 of title 18, 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 2006 through 
2009, the sum of $10,000,000 to the Attorney General 
for prosecutions needed to discourage the use of spyware 
and the practices commonly called phishing and pharming.
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SEC. 4. FINDINGS AND SENSE OF CONGRESS CONCERNING 
THE 
ENFORCEMENT 
OF 
CERTAIN 
CYBERCRIMES. 
(a) FINDINGS.—Congress makes the following find-
ings: 
(1) Software and electronic communications are 
increasingly being used by criminals to invade indi-
viduals’ and businesses’ computers without author-
ization. 
(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. 
(5) The continued development of innovative 
technologies in response to consumer demand is cru-
cial in the fight against spyware. 
(b) SENSE OF CONGRESS.—Because of the serious 
nature of these offenses, and the Internet’s unique impor-
tance in the daily lives of citizens and in interstate com-
merce, it is the sense of Congress that the Department
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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 and pharming scams.
Passed the House of Representatives May 23, 2005. 
Attest: 
JEFF TRANDAHL, 
Clerk.