SPY ACT
Latest action · Oct 6, 2004 Received in the Senate.
Progress
Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.
- IntroducedJul 25, 2003
- Passed HouseOct 5, 2004
- Passed SenateNot reached
- To the PresidentNot reached
- Became lawNot reached
Summary
Securely Protect Yourself Against Cyber Trespass Act or SPY ACT - (Sec. 2) 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 any of the following conduct with respect to the protected computer: (1) taking control of the computer by sending unsolicited material to others, diverting the Internet browser without authorization, using the modem or Internet to cause damage to the computer or to cause the user to incur unauthorized financial charges, using the computer as part of an activity performed by a group of computers that causes damage to another computer, or delivering advertisements that will not close without turning off either the computer or all sessions of the Internet browser; (2) modifying settings related to the use of the computer or to the computer's access to or use of the Internet by altering the Web page of the Internet browser, the default provider used to access the Internet, the bookmarks used to access Web pages, or the security or other settings of the computer that protect information about the user; (3) collecting personally identifiable information; (4) inducing the user to install a computer software component onto the computer or preventing efforts to block installation of a software component; (5) misrepresenting that installing a separate software component or providing log-in or password information is necessary for security or privacy reasons; (6) inducing a user to install computer software through misrepresentation; (7) inducing a user to provide personally identifiable information to another through misrepresentation or without the authority of the intended recipient of the information; (8) removing or disabling a security, anti-spyware, or anti-virus technology installed on the computer; or (9) installing or executing additional software components with the intent of causing a person to use such components in a way that violates any other provision of this section. Directs the Federal Trade Commission (FTC) to issue guidance regarding compliance with and violations of this section.
(Sec. 3) Makes it unlawful for a person to: (1) transmit to a protected computer for which such person is not a user any information collection program (a program that collects personally identifiable information and uses such information to send advertising), unless such program provides the notice required by this Act before execution of any of the collection functions of the program and such information collection program includes specified functions; or (2) execute any information collection program installed on such a protected computer, unless, before execution, the user has consented to such execution under notice requirements of this Act and such information collection program includes specified functions. Requires such notice clearly and conspicuously, and in plain language: (1) state that the program, if accepted, will collect personally identifiable information about the user and their computer use; (2) include an option for the user to grant or deny such consent, or to abandon or cancel the transmission or execution of an information collection program; and (3) include an option for the user to view a clear description of the types of information to be collected and the purposes for its intended use. Requires, if a user has consented, that an additional notice be sent if there is a material change in the way collected information will be used such that the use is outside the purpose set forth in the first notice. Requires the information collection program to contain a disabling function that easily allows the user to remove, or disable the operation of, the program. Requires that each display of a collected advertisement be accompanied by a statement that clearly identifies the information collection program. Limits the liability of a telecommunications carrier, provider of an information service or interactive computer service, cable operator, or provider of transmission capability with respect to violations described under this Act.
(Sec. 4) Provides for enforcement of violations as unfair or deceptive acts or practices under the Federal Trade Commission Act, with specified civil penalties. Requires a violation to have been committed with actual knowledge or knowledge fairly implied on the basis of objective circumstances.
(Sec. 5) Makes the provisions of this Act inapplicable with respect to: (1) acts undertaken by law enforcement authorities in the performance of official duties, including acts relating to national security; (2) monitoring, or other computer interaction, undertaken by a subscriber's Internet provider, cable carrier, or provider of information service for network security purposes; (3) a discrete interaction with a protected computer by a computer software provider to confirm authorized use of software; and (4) 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).
(Sec. 7) Requires the FTC to: (1) report annually to Congress on enforcement actions taken; and (2) issue regulations.
(Sec. 8) Directs the FTC to report to Congress regarding the use of tracking cookies (devices used to transmit personally identifiable information, or information regarding Web pages accessed by the user, to a party other than the intended recipient) in the delivery or display of advertising to owners and users of computers.
(Sec. 10) Terminates this Act after December 31, 2009.
Recorded votes 1
Newest first. Open one to see how every member voted.
| Roll call | Question | Result | Date |
|---|---|---|---|
| House 495 | On Motion to Suspend the Rules and Pass, as Amended | Passed399–1 | Oct 5, 2004 |
Cosponsors 31
Members who signed on, in the order they did. Signatures ran from Jul 25, 2003 to Jul 13, 2004; 1 is an original cosponsor, there from the day it was introduced.
| Seat | Cosponsor | Signed on | |
|---|---|---|---|
| D-NY | Edolphus Towns | Original | Jul 25, 2003 |
| R-IL | John Shimkus | Sep 3, 2003 | |
| R-WY | Barbara Cubin | Sep 10, 2003 | |
| R-MI | Vernon J. Ehlers | Sep 16, 2003 | |
| R-CA | Ken Calvert | Oct 1, 2003 | |
| R-IN | Steve Buyer | Oct 21, 2003 | |
| R-CA | George Radanovich | Oct 28, 2003 | |
| D-MD | Albert Russell Wynn | Nov 18, 2003 | |
| D-MI | Bart Stupak | Nov 18, 2003 | |
| D-IL | Bobby L. Rush | Nov 18, 2003 | |
| R-MS | Charles W. "Chip" Pickering | Nov 18, 2003 | |
| D-NY | Eliot L. Engel | Nov 18, 2003 | |
| D-VA | Rick Boucher | Nov 18, 2003 | |
| D-TX | Gene Green | Nov 19, 2003 | |
| D-TN | Bart Gordon | Nov 21, 2003 |
Committees 1
Where it was sent and what each committee and subcommittee did with it, in order.
| Chamber | Committee | What it did |
|---|---|---|
| House | Energy and Commerce Committee | Referred Jul 25, 2003Markup Jun 24, 2004Reported Jul 20, 2004 |
| Commerce, Manufacturing, and Trade Subcommittee | Referred Aug 8, 2003Markup Jun 17, 2004Reported Jun 17, 2004 |
Actions 17
Everything that happened, newest first.
- Oct 6, 2004Received in the Senate.
- Oct 5, 2004Mr. Barton (TX) moved to suspend the rules and pass the bill, as amended.
- Oct 5, 2004Considered under suspension of the rules. (consideration: CR H8080-8089)
- Oct 5, 2004DEBATE - The House proceeded with forty minutes of debate on H.R. 2929.
- Oct 5, 2004At 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.
- Oct 5, 2004Considered as unfinished business. (consideration: CR H8130-8131)
- Oct 5, 2004Passed/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): 399 - 1 (Roll no. 495). (text: CR H8080-8083)
- Oct 5, 2004Motion to reconsider laid on the table Agreed to without objection.
- Jul 20, 2004Reported (Amended) by the Committee on Energy and Commerce. H. Rept. 108-619.
- Jul 20, 2004Placed on the Union Calendar, Calendar No. 374.
- Jun 24, 2004Committee Consideration and Mark-up Session Held.
- Jun 24, 2004Ordered to be Reported (Amended) by the Yeas and Nays: 45 - 5.
- Jun 17, 2004Subcommittee Consideration and Mark-up Session Held.
- Jun 17, 2004Forwarded by Subcommittee to Full Committee (Amended) by Voice Vote.
- Aug 8, 2003Referred to the Subcommittee on Commerce, Trade and Consumer Protection.
- Jul 25, 2003Introduced in House
- Jul 25, 2003Referred to the House Committee on Energy and Commerce.
In the Congressional Record 1
Days the Record’s own index lists this bill, newest first, with the pages and the members it names. Pages starting H are the House, S the Senate, E Extensions of Remarks.
| Where | In the Record | Members | Date |
|---|---|---|---|
| House | Debate and remarks H8080–H8089Text printed H8080–H8083Recorded votes H8130enact | Bob Goodlatte R-VA, Christopher Shays R-CT, Cliff Stearns R-FL, Edolphus Towns D-NY, Gene Green D-TX, Janice D. Schakowsky D-IL, Joe Barton R-TX, John D. Dingell D-MI, Mary Bono R-CA, Sheila Jackson Lee D-TX | Oct 5, 2004 |
Research
What has been written about this bill: committee reports, cost estimates, the sponsor’s authority statement, printed hearings and the Congressional Research Service’s work.
Committee report
Congressional Budget Office cost estimates 2
- Jul 8, 2004H.R. 2929, Securely Protect Yourself Against Cyber Trespass Act<p>Cost estimate for the bill as ordered reported by the House Committee on Energy and Commerce on June 24, 2004</p>
- Jul 8, 2004H.R. 2929, Securely Protect Yourself Against Cyber Trespass ActCost estimate for the bill as ordered reported by the House Committee on Energy and Commerce on June 24, 2004
Printed hearings 4
Hearings whose printed record names this bill, newest first: hearings on it, and wider hearings where it came up.
| Number | Hearing | Committee | Held |
|---|---|---|---|
| Serial No. 108-89 | SPYWARE: WHAT YOU DON'T KNOW CAN HURT YOU92 pages | Energy and Commerce Committee | Apr 29, 2004 |
| S. Hrg. 108-1002 | S. 2145, ``THE SPY BLOCK ACT''52 pages | Commerce, Science, and Transportation Committee | Mar 23, 2004 |
| Serial No. 108-52 | CYBERSECURITY AND CONSUMER DATA: WHAT'S AT RISK FOR THE CONSUMER?85 pages | Energy and Commerce Committee | Nov 19, 2003 |
| Serial No. 108-66 | COMPUTER VIRUSES: THE DISEASE, THE DETECTION, AND THE PRESCRIPTION FOR PROTECTION74 pages | Energy and Commerce Committee | Nov 6, 2003 |
CRS reports 1
Congressional Research Service work that CRS links to this bill or the law it became, newest first.
Cite it 1
Products on other subjects that cite it, usually among other measures.
| Product | Title | Kind | Published |
|---|---|---|---|
| RL32706 | Spyware: Background and Policy Issues for Congress Archived | Report | Jan 12, 2011 |
Titles 7
Every title it has carried, official and short, at each stage.
- Official Title as Introduced
- To protect users of the Internet from unknowing transmission of their personally identifiable information through spyware programs, and for other purposes.
- Short Titles as Introduced
- Safeguard Against Privacy Invasions Act
- Short Titles as Reported to House
- SPY ACT
- Securely Protect Yourself Against Cyber Trespass Act
- Short Titles as Passed House
- SPY ACT
- Securely Protect Yourself Against Cyber Trespass Act
- Popular Titles
- Spyware bill
Subjects
Assigned by the Library of Congress. Policy area: Science, Technology, Communications.
- Administrative procedure
- Advertising
- Civil actions and liability
- Civil Rights and Liberties, Minority Issues
- Commerce
- Computer crimes
- Computer industry
- Computer networks
- Computer security measures
- Computer software
- Congress
- Congressional reporting requirements
- Consumer education
- Consumer protection
- Contracts
- Crime and Law Enforcement
- Electronic commerce
- Electronic mail systems
- Federal preemption
- Federal Trade Commission
- Fines (Penalties)
- Fraud
- Good samaritan laws
- Government Operations and Politics
- Government paperwork
- Identification devices
- Independent regulatory commissions
- Interactive media
- Internet
- Labeling
- Law
- Licenses
- Restrictive trade practices
- Right of privacy
- Science, Technology, Communications
- State laws
- Sunset legislation
- Telecommunication industry
- Web sites
- World Wide Web
Text 4
Each version as it was printed, newest first.
- Oct 6, 2004Received in Senate
- Oct 5, 2004Engrossed in House
- Jul 20, 2004Reported in House
- Jul 25, 2003Introduced in House
Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.