SPY BLOCK Act
Latest action · Dec 7, 2004 By Senator McCain from Committee on Commerce, Science, and Transportation filed written report. Report No. 108-424.
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.
- IntroducedFeb 27, 2004
- Passed SenateNot reached
- Passed HouseNot reached
- To the PresidentNot reached
- Became lawNot reached
Summary
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.
Cosponsors 3
Members who signed on, in the order they did. Signatures ran from Feb 27, 2004 to Mar 1, 2004, with 2 there on the day it was introduced.
| Seat | Cosponsor | Signed on | |
|---|---|---|---|
| D-CA | Barbara Boxer | Original | Feb 27, 2004 |
| D-OR | Ron Wyden | Original | Feb 27, 2004 |
| D-NY | Hillary Rodham Clinton | Mar 1, 2004 |
Actions 7
Everything that happened, newest first.
- Dec 7, 2004By Senator McCain from Committee on Commerce, Science, and Transportation filed written report. Report No. 108-424.
- Nov 19, 2004Committee on Commerce, Science, and Transportation. Reported by Senator McCain with an amendment in the nature of a substitute. Without written report.
- Nov 19, 2004Placed on Senate Legislative Calendar under General Orders. Calendar No. 811.
- Sep 22, 2004Committee on Commerce, Science, and Transportation. Ordered to be reported with an amendment in the nature of a substitute favorably.
- Mar 23, 2004Committee on Commerce, Science, and Transportation Subcommittee on Communications. Hearings held. With printed Hearing: S.Hrg. 108-1002.
Related bills 1
Companion bills and other measures the record links to this one.
| Bill | Title | Relationship | Latest action |
|---|---|---|---|
| S 2131 | Controlling Invasive and Unauthorized Software Act | Related bill | Feb 26, 2004 |
Subjects
Assigned by the Library of Congress. Policy area: Science, Technology, Communications.
- Advertising
- Civil actions and liability
- Civil Rights and Liberties, Minority Issues
- 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
- Science, Technology, Communications
- Telemarketing
- Web sites
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.