Spyware Bill Would Punish Offenders

Congress is trying to come to grips with the changing face of technology and its impact on privacy and digital-age criminal activity.

On Thursday, despite widespread criticism from a number of technology companies, the House Energy and Commerce Committee moved to recommend by a 45-4 vote the Safeguard Against Privacy Invasions Act and Securely Protect Yourself Against Cyber Trespass Act (commonly known as the Spy Act), opening the possibility for the full House of Representatives to vote on it.

Endorsed by California Republican Representative Mary Bono, and 28 co-sponsors, the 21 page Spy Act (H.R. 2929) would target certain types of software applications that are typically installed on user's computers without their knowledge or consent; secretly monitoring their activities and displaying unsolicited advertising while often reporting user demographics back to the software's creator. This type of malicious software can often bypass anti-virus software, then modify browser settings, log keystrokes, and can take complete control over the user's computer.

After the successful vote, Bono commented that "I feel that we have fashioned a bill that is strong enough to protect consumers from spyware-related privacy invasions without impeding the growth of technology."

Superceding state laws and conferring enforcement power to the Federal Trade Commission (including the ability to sue violators), tech industry lobbyists attempted to derail the vote, arguing that the wording was overly broad, and would negatively impact legitimate applications.

The Information Technology Association of America, opined in a letter to Congress that the "current bill will generate a veritable blizzard of legally mandated pop-up notices that only a lawyer would love," adding that the proposed restrictions would hamper a software makers ability to "update, renew, and monitor programs residing on the computer user's system."

Robert Holleyman, president of the Business Software Alliance which includes Microsoft, Apple, Adobe and Symantec, commented that the Spy Act "calls for one uniform notice and consent screen for virtually all software. This requirement will not help consumers distinguish between legitimate software and software that uses personally identifiable information for reprehensible ends."

Even the FTC, which the bill would make responsible for enforcement, doesn't think the current wording is in consumer's best interest; warning Congress that the Spy Act would hinder certain legitimate software applications, and that existing laws allowed egregious violators to be prosecuted.

In light of these facts, a new proposal, dubbed the Internet Spyware Prevention Act (ISPA), was also introduced Thursday by Virginia Republican Bob Goodlatte, California Democrat Zoe Lofgren and Texas Republican Lamar Smith. Differing from the Spy Act approved by the House Energy and Commerce Committee, the ISPA would not limit what software may or may not do on a user's system, but would make it illegal to install any unauthorized software that reveals personal information or violates computer security systems, and would provide up to two years of jail time for offenders.

Copyright © 2026 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Virginia Becomes Latest State to Weigh 'Porn Tax'

The Virginia House of Delegates is considering a bill that would impose a 10% tax on the gross receipts of adult websites doing business in that state.

Elizabeth Skylar Launches Production Banner on VRPorn.com

Elizabeth Skylar has launched her own virtual reality production banner on VRPorn.com.

CrakRevenue Introduces 'Trend Explorer' Feature for Affiliates

CrakRevenue has debuted the new Trend Explorer feature for its affiliates.

Tube Sites Submitter Introduces 'AI Video Description Generator' Feature

Tube Sites Submitter has introduced its new AI Video Description Generator feature for its platform.

Pineapple Support Releases End of Year Review for 2025

Pineapple Support has released its End of Year Review for 2025, detailing the organization's achievements, challenges, and new initiatives.

XBIZ Miami 2026 Lets the Good Times Roll at New South Beach Venue

Pack your favorite shades and sexiest poolside looks, because XBIZ Miami is splashing into a new hotspot — the chic Goodtime Hotel in the heart of Miami Beach — May 11–14.

UPDATED: Arcom Threatens to Block, Delist 2 Adult Sites Over AV Violation

French media regulator Arcom has sent enforcement notices to the operators of two adult websites that the agency says have failed to implement age verification as required under France’s Security and Regulation of the Digital Space (SREN) law.

Final Defendant Sentenced in GirlsDoPorn Case

Former adult producer Doug Wiederhold, previously a business partner of GirlsDoPorn owner Michael Pratt, was sentenced on Friday in federal court to four years in prison for conspiracy to commit sex trafficking.

FTC Takes Another Step Toward New 'Click to Cancel' Rule

The Federal Trade Commission (FTC) is negotiating the latest procedural hurdle in its effort to renew rulemaking concerning negative option plans, after a federal court previously vacated a “click-to-cancel” rule aimed at making it easier for consumers to cancel online subscriptions.

Show More