108TH CONGRESS
2D SESSION
H. R. 4661
AN ACT
To amend title 18, United States Code, to
discourage spyware, and for other purposes.
108TH CONGRESS
2D SESSION
H. R. 4661
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,
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 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
‘‘(2) intentionally impairs the security protec-
tion of the protected computer;
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-
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, United
States Code, is amended by inserting after the item relat-
ing 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 prosecutions needed to discourage the use of spyware
and the practice commonly called phishing.
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.
(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
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.
Passed the House of Representatives October 7,
2004.
Attest:
Clerk.