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; 2 are original cosponsors, there from 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 |
Committees 1
Where it was sent and what each committee and subcommittee did with it, in order.
| Chamber | Committee | What it did |
|---|---|---|
| Senate | Commerce, Science, and Transportation Committee | Referred Feb 27, 2004Markup Sep 22, 2004Reported Nov 19, 2004 |
| Communications Subcommittee | Hearings Mar 23, 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.
- Feb 27, 2004Introduced in Senate
- Feb 27, 2004Read twice and referred to the Committee on Commerce, Science, and Transportation. (text of measure as introduced: CR S1893-1895)
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 |
|---|---|---|---|
| Senate | Text printed S1893–S1895 | Conrad R. Burns R-MT (text) | Feb 27, 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 4
- Oct 8, 2004S. 2145, Spy Block Act<p>Private-sector mandates statement for the bill as ordered reported by the Senate Commitee on Commerce, Sciece, and Transportation on September 22, 2004</p>
- Oct 8, 2004S. 2145, Spy Block ActPrivate-sector mandates statement for the bill as ordered reported by the Senate Commitee on Commerce, Sciece, and Transportation on September 22, 2004
- Oct 5, 2004S. 2145, SPY BLOCK Act<p>Cost estimate for the bill as ordered reported by the Senate Committee on Commerce, Science, and Transportation on September 22, 2004</p>
- Oct 5, 2004S. 2145, SPY BLOCK ActCost estimate for the bill as ordered reported by the Senate Committee on Commerce, Science, and Transportation on September 22, 2004
Printed hearings 2
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 |
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 |
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 |
Titles 6
Every title it has carried, official and short, at each stage.
- Official Title as Introduced
- A bill to regulate the unauthorized installation of computer software, to require clear disclosure to computer users of certain computer software features that may pose a threat to user privacy, and for other purposes.
- Short Titles as Introduced
- Software Principles Yielding Better Levels of Consumer Knowledge Act
- SPY BLOCK Act
- Short Titles as Reported to Senate
- SPY BLOCK Act
- Software Principles Yielding Better Levels of Consumer Knowledge Act
- Popular Titles
- Spyware bill
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
Text 2
Each version as it was printed, newest first.
- Nov 19, 2004Reported to Senate
- Feb 27, 2004Introduced in Senate
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.