SPY BLOCK Act

Bill: 108-s-2145
Sponsor: Sen. Burns, Conrad R. [R-MT]
Introduced: 2004-02-27 in the Senate
Policy area: Science, Technology, Communications
Subjects: Advertising
Civil Rights and Liberties, Minority Issues
Civil actions and liability
Commerce
Computer security measures
Computer software
Consumer education
Consumer protection
Damages
Fines (Penalties)
Government Operations and Politics
Government paperwork
Identification devices
Injunctions
Internet
Law
Parties to actions
Restrictive trade practices
Right of privacy
Telemarketing
Web sites

Summary:
action_date: 2004-02-27
text: 
 Software Principles Yielding Better Levels of Consumer Knowledge Act or SPY BLOCK Act - Makes it unlawful for any person who is not the user of a protected computer (any computer used in interstate or foreign commerce or communication) to install, or allow the installation of, software on that computer, unless: (1) the user of the computer has received notice and granted consent that satisfies the requirements of this Act; and (2) the computer software's uninstall procedures satisfies the requirements of this Act.
 
Requires the notice to include: (1) a clear notification, displayed on the screen until the user either grants or denies consent to installation, of the name and nature of the software to be installed; and (2) a separate disclosure with respect to each information collection, advertising, distributed computing, and settings modification feature contained in the software. Requires the consent to include: (1) consent to the software installation; and (2) separate consent to each of the above features of such software.
 
Prohibits any person who is not the user of a protected computer from using any such feature of software installed on a computer if: (1) the software was installed in violation of this Act; (2) the use falls outside of the scope described in the notice; or (3) the person using a software feature fails to protect the security and integrity of personal information so collected. Provides exceptions, including for software installed before the sale of such computer.
 
Provides administration and enforcement through the Federal Trade Commission. Authorizes actions by States on behalf of its residents.

action_date: 2004-11-19
text: 
Software Principles Yielding Better Levels of Consumer Knowledge Act or SPY BLOCK Act - (Sec. 2) Makes it unlawful for a person who is not an authorized user of a protected computer (any computer used in interstate or foreign commerce or communication) (unauthorized person) to cause the installation on that computer of software designed to: (1) conceal from the authorized user (user) the fact that such software is being installed; or (2) prevent the user from granting or withholding consent to the installation. Provides exceptions. Makes it unlawful to provide to an authorized user materially false or misleading inducements to install such software. Prohibits the installation of software designed to prevent reasonable efforts to uninstall or disable such software after it has been installed, with an exception with respect to software designed for one authorized user, such as a parent or system administrator.
 
(Sec. 3) Makes it unlawful for an unauthorized person to install on a protected computer software that collects information about the user's Internet browsing or other computer use and then transmits such information to another person if: (1) the information collected is not related to or in support of a normal software capability or function; and (2) there has been no reasonable notification to the authorized user of the such installation.
 
(Sec. 4) Makes it unlawful for an unauthorized person to install on a protected computer software that causes advertisements to be displayed to the user: (1) at a time when the user is not accessing a website or online service operated by the publisher of that software; and (2) in a manner in which the user would not understand that the software is responsible for delivering the advertisements.
 
(Sec. 5) Makes it unlawful for an unauthorized person to: (1) utilize the computer to send unsolicited information to other computers; (2) divert a user's Internet browser away from its intended site to one or more other websites; (3) display an advertisement or other content in such a manner that the user cannot end such display without turning off the computer or terminating all Internet sessions; or (4) covertly modify settings relating to the use of the computer or the computer's access to the Internet.
 
(Sec. 6) Provides exceptions from liability under this Act with respect to providers of: (1) passive transmission, hosting, or linking; and (2) network security.
 
(Sec. 7) Provides for administration and enforcement through the Federal Communications Commission (FCC).
 
(Sec. 8) Authorizes civil enforcement actions by States, with authorized FCC intervention.
 
(Sec. 10) Amends the Federal criminal code to provide criminal penalties for accessing a protected computer to cause a computer program or code to be copied onto such computer, and then using such program or code to impair the security protection of such computer or in furtherance of another criminal offense. Provides exceptions.


Legislative actions:
action_date: 2004-12-07
text: By Senator McCain from Committee on Commerce, Science, and Transportation filed written report. Report No. 108-424.
action_date: 2004-12-07
text: By Senator McCain from Committee on Commerce, Science, and Transportation filed written report. Report No. 108-424.
action_date: 2004-11-19
text: Placed on Senate Legislative Calendar under General Orders. Calendar No. 811.
action_date: 2004-11-19
text: Committee on Commerce, Science, and Transportation. Reported by Senator McCain with an amendment in the nature of a substitute. Without written report.
action_date: 2004-11-19
text: Committee on Commerce, Science, and Transportation. Reported by Senator McCain with an amendment in the nature of a substitute. Without written report.
action_date: 2004-09-22
text: Committee on Commerce, Science, and Transportation. Ordered to be reported with an amendment in the nature of a substitute favorably.
action_date: 2004-03-23
text: Committee on Commerce, Science, and Transportation Subcommittee on Communications. Hearings held. With printed Hearing: S.Hrg. 108-1002.
action_date: 2004-02-27
text: Read twice and referred to the Committee on Commerce, Science, and Transportation. (text of measure as introduced: CR S1893-1895)
action_date: 2004-02-27
text: Introduced in Senate