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

2026 XBIZ Miami Conference Schedule Announced

XBIZ is pleased to announce the release of the full show schedule for XBIZ Miami, set to take place May 11-14 at the Goodtime Hotel in South Beach.

Court of International Trade Rejects Trump 'Replacement' Tariffs

The U.S. Court of International Trade on Thursday ruled that President Trump’s 10% global tariff under the Trade Act of 1974, imposed after the Supreme Court invalidated the administration’s broad “Liberation Day” tariff regime, is illegal — but stopped short of a nationwide injunction against the tariff.

UPDATED: Utah VPN Rule Enforcement Paused in Aylo Lawsuit

Provisions of a new Utah law making adult websites liable if minors in the state circumvent geolocation efforts to bypass age verification, which were set to come into force on Wednesday, have been put on hold until Sept. 3.

JustFor.fans Launches 'JFF Create' iPhone App

JustFor.fans (JFF) has launched its new iPhone creator management app, JFF Create.

ShootXEvents Joins ASACP as Media Sponsor

ShootXEvents has signed on as an in-kind media sponsor for the Association of Sites Advocating Child Protection (ASACP).

Pornhub Unblocks UK Users on iOS Devices, Citing Apple AV Effectiveness

Pornhub parent company Aylo on Tuesday announced that users in the United Kingdom will once again be able to access the popular site if they are using Apple devices and have confirmed their age through Apple’s U.K. age-verification process.

North Carolina Weighing Tax on Brick-and-Mortar Sales of Adult DVDs, Mags

The North Carolina state legislature is considering a bill that would impose a new 10% tax on adult DVDs, magazines and other visual material sold by physical retailers in the state.

FSC Launches 'Know Your Rights' 1st Amendment Resource Page

The Free Speech Coalition (FSC) has launched "Know Your Rights," a resource page detailing First Amendment protest guidelines.

Utah VPN Rule for Adult Sites Takes Effect This Week

A new law in Utah comes into force Wednesday, making adult websites liable if minors in the state circumvent geolocation efforts to bypass age verification.

UPDATED: Court Approves Class Action in Labor Claims Against VMG

A U.S. district court has granted class certification in a civil lawsuit filed against Vixen Media Group (VMG) by retired performer Kenzie Anne, making it possible for additional performers to join in a class action against the company.

Show More