Spy Act

Bill: 109-hr-29
Sponsor: Rep. Bono, Mary [R-CA-45]
Introduced: 2005-01-04 in the House
Policy area: Science, Technology, Communications
Subjects: Administrative procedure
Advertising
Civil Rights and Liberties, Minority Issues
Civil actions and liability
Commerce
Computer crimes
Computer hackers
Computer industry
Computer networks
Computer security measures
Computer software
Congress
Congressional reporting requirements
Consumer education
Consumer protection
Crime and Law Enforcement
Electronic commerce
Evidence (Law)
Federal Trade Commission
Federal preemption
Fines (Penalties)
Fraud
Good samaritan laws
Government Operations and Politics
Identification devices
Independent regulatory commissions
Interactive media
Internet
Labeling
Law
Restrictive trade practices
Right of privacy
State laws
Sunset legislation
Telecommunication industry
Web sites

Summary:
action_date: 2005-01-04
text: 
Securely Protect Yourself Against Cyber Trespass Act or SPY ACT - Makes it unlawful for any person who is not the owner or authorized user (user) of a protected computer (a computer exclusively for the use of a financial institution or the U.S. Government, or a computer used in interstate or foreign commerce or communication) to engage in deceptive acts or practices in connection with specified conduct, including: (1) taking unsolicited control of the computer; (2) modifying computer settings; (3) collecting personally identifiable information; (4) inducing the unsolicited installation of computer software; and (5) removing or disabling a security, anti-spyware, or anti-virus technology.
 
Makes it unlawful for a person to: (1) transmit to a protected computer any information collection program (a program that collects personally identifiable information and uses the information to send advertising), unless such program provides notice required by this Act before execution of any of the program's collection functions; or (2) execute any collection information program installed on a protected computer unless, before execution, the user has consented to such execution under notice requirements of this Act.
 
Provides for enforcement of violations as unfair or deceptive acts or practices.
 
Makes this Act inapplicable with respect to: (1) law enforcement actions; (2) monitoring undertaken for network security; and (3) Good Samaritan actions (actions taken in good faith, and with the user's consent, by a computer software or service provider to remove or disable a program which violates this Act).
 
Directs the Federal Trade Commission to report to Congress regarding the use of computer tracking cookies in the delivery or display of advertising to computer owners and users.

action_date: 2005-04-12
text: 
Securely Protect Yourself Against Cyber Trespass Act or Spy Act - Makes it unlawful for any person who is not the owner or authorized user (user) of a protected computer (a computer exclusively for the use of a financial institution or the U.S. Government, or a computer used in interstate or foreign commerce or communication) to engage in deceptive acts or practices in connection with specified conduct, including: (1) taking unsolicited control of the computer; (2) modifying computer settings; (3) collecting personally identifiable information; (4) inducing the owner or authorized user to disclose personally identifiable information; (5) inducing the unsolicited installation of computer software; and (6) removing or disabling a security, anti-spyware, or anti-virus technology.
 
Makes it unlawful for a person to: (1) transmit to a protected computer any information collection program (a program that collects personally identifiable information and uses the information to send advertising), unless such program provides notice required by this Act before execution of any of the program's collection functions; or (2) execute any collection information program installed on a protected computer unless, before execution, the user has consented to such execution under notice requirements of this Act. Provides an exception with respect to Web pages visited within a particular website when the information collected is sent only to the provider of the website accessed.
 
Provides for enforcement of violations as unfair or deceptive acts or practices.
 
Makes this Act inapplicable with respect to: (1) law enforcement actions; (2) monitoring undertaken for network security; and (3) Good Samaritan actions (actions taken in good faith, and with the user's consent, by a computer software or service provider to remove or disable a program which violates this Act).
 
Directs the Federal Trade Commission (FTC) to report to Congress: (1) annually on enforcement actions taken under this Act; and (2) regarding the use of computer tracking cookies in the delivery or display of advertising to computer owners and users.
 
Makes this Act: (1) effective 12 months after its enactment; and (2) inapplicable after December 31, 2010.

action_date: 2005-05-23
text: 
Securely Protect Yourself Against Cyber Trespass Act or Spy Act - Makes it unlawful for any person who is not the owner or authorized user (user) of a protected computer (a computer exclusively for the use of a financial institution or the U.S. Government, or a computer used in interstate or foreign commerce or communication) to engage in unfair or deceptive acts or practices in connection with specified conduct, including: (1) taking unsolicited control of the computer; (2) modifying computer settings; (3) collecting personally identifiable information; (4) inducing the owner or authorized user to disclose personally identifiable information; (5) inducing the unsolicited installation of computer software; and (6) removing or disabling a security, anti-spyware, or anti-virus technology.
 
Makes it unlawful for a person to: (1) transmit to a protected computer any information collection program (a program that collects personally identifiable information and uses the information to send advertising), unless such program provides notice required by this Act before execution of any of the program's collection functions; or (2) execute any collection information program installed on a protected computer unless, before execution, the user has consented to such execution under notice requirements of this Act. Provides an exception with respect to Web pages visited within a particular website when the information collected is sent only to the provider of the website accessed.
 
Provides for enforcement of violations as unfair or deceptive acts or practices.
 
Makes this Act inapplicable with respect to: (1) law enforcement actions; (2) monitoring undertaken for network security; and (3) Good Samaritan actions (actions taken in good faith, and with the user's consent, by a computer software or service provider to remove or disable a program which violates this Act).
 
Directs the Federal Trade Commission (FTC) to report to Congress: (1) annually on enforcement actions taken under this Act; (2) regarding the use of computer tracking cookies in the delivery or display of advertising to computer owners and users; and (3) concerning information collection programs installed before the effective date of this Act.
 
Makes this Act: (1) effective 12 months after its enactment; and (2) inapplicable after December 31, 2011.


Legislative actions:
action_date: 2005-05-24
text: Received in the Senate and Read twice and referred to the Committee on Commerce, Science, and Transportation.
action_date: 2005-05-23
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2005-05-23
text: On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 393 - 4 (Roll no. 201). (text: CR H3705-3708)
action_date: 2005-05-23
text: Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 393 - 4 (Roll no. 201).(text: CR H3705-3708)
action_date: 2005-05-23
text: Considered as unfinished business. (consideration: CR H3744-3745)
action_date: 2005-05-23
text: At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
action_date: 2005-05-23
text: DEBATE - The House proceeded with forty minutes of debate on H.R. 29.
action_date: 2005-05-23
text: Considered under suspension of the rules. (consideration: CR H3705-3712)
action_date: 2005-05-23
text: Mr. Barton (TX) moved to suspend the rules and pass the bill, as amended.
action_date: 2005-04-12
text: Placed on the Union Calendar, Calendar No. 15.
action_date: 2005-04-12
text: Reported (Amended) by the Committee on Energy and Commerce. H. Rept. 109-32.
action_date: 2005-04-12
text: Reported (Amended) by the Committee on Energy and Commerce. H. Rept. 109-32.
action_date: 2005-03-09
text: Ordered to be Reported (Amended) by the Yeas and Nays: 43 - 0.
action_date: 2005-03-09
text: Committee Consideration and Mark-up Session Held.
action_date: 2005-02-16
text: Subcommittee Hearings Held.
action_date: 2005-02-16
text: Committee Consideration and Mark-up Session Held.
action_date: 2005-02-04
text: Forwarded by Subcommittee to Full Committee (Amended) by Voice Vote.
action_date: 2005-02-04
text: Subcommittee Consideration and Mark-up Session Held.
action_date: 2005-02-04
text: Referred to the Subcommittee on Commerce, Trade and Consumer Protection.
action_date: 2005-01-26
text: Committee Hearings Held.
action_date: 2005-01-04
text: Referred to the House Committee on Energy and Commerce.
action_date: 2005-01-04
text: Introduced in House
action_date: 2005-01-04
text: Introduced in House