IB 
Union Calendar No. 95 
110TH CONGRESS 
1ST SESSION H. R. 1525 
[Report No. 110–159] 
To amend title 18, United States Code, to discourage spyware, and for 
other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 14, 2007 
Ms. ZOE LOFGREN of California (for herself, Mr. GOODLATTE, Ms. LINDA T. 
SA´NCHEZ of California, Mr. SMITH of Texas, and Ms. JACKSON-LEE of 
Texas) introduced the following bill; which was referred to the Committee 
on the Judiciary 
MAY 21, 2007 
Additional sponsor: Mr. FORBES 
MAY 21, 2007 
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 March 14, 2007] 
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, 
VerDate Aug 31 2005 
02:08 May 22, 2007
Jkt 059200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6203
E:\BILLS\H1525.RH
H1525
bajohnson on PRODPC74 with BILLS
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Internet Spyware (I– 
SPY) Prevention Act of 2007’’. 
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 
VerDate Aug 31 2005 
02:08 May 22, 2007
Jkt 059200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6203
E:\BILLS\H1525.RH
H1525
bajohnson on PRODPC74 with BILLS
‘‘(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 territory or posses-
sion of the United States. 
‘‘(d) As used in this section— 
‘‘(1) the terms ‘protected computer’ and ‘exceeds 
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-
VerDate Aug 31 2005 
02:08 May 22, 2007
Jkt 059200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6203
E:\BILLS\H1525.RH
H1525
bajohnson on PRODPC74 with BILLS
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 agen-
cy of the United States.’’. 
(b) CLERICAL 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 2008 through 2011, 
the sum of $10,000,000 to the Attorney General for prosecu-
tions needed to discourage the use of spyware and the prac-
tices commonly called phishing and pharming. 
SEC. 4. FINDINGS AND SENSE OF CONGRESS CONCERNING 
THE 
ENFORCEMENT 
OF 
CERTAIN 
CYBERCRIMES. 
(a) FINDINGS.—Congress makes the following findings: 
VerDate Aug 31 2005 
02:08 May 22, 2007
Jkt 059200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6203
E:\BILLS\H1525.RH
H1525
bajohnson on PRODPC74 with BILLS
(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. 
(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 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 
and pharming scams. 
VerDate Aug 31 2005 
02:08 May 22, 2007
Jkt 059200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6203
E:\BILLS\H1525.RH
H1525
bajohnson on PRODPC74 with BILLS