Opponents Push Back against Anti-Spyware Bill

WASHINGTON, D.C. – Online advertisers won a major battle Wednesday when the U.S. House of Representative agreed to amend an anti-spyware bill to explicitly exempt all types of cookies and allow embedded ads on web pages without identifying information.

The Securely Protect Yourself Against Cyber Trespass Act, sponsored by Rep. Mary Bono (R-Calif.), inched closer to passage as the Subcommittee on Commerce, Trade and Consumer Protection approved the measure, which now goes before the full Commerce Committee for a vote.

The SPY ACT targets practices such as phishing, keystroke logging, homepage hijacking and the uploading of ads that can’t be closed without shutting down a computer. It also would prohibit websites from installing software on a user’s computer without first giving notice, describing in simple terms what the software does, and obtaining the user’s explicit consent.

Violators could face civil penalties of up to $3 million per incident.

Previously, the bill included provisions banning third-party cookies, which are used by advertisers, publishers and service providers to serve, rotate, target, cap, measure and report on online advertising.

Rep. Clifford Stearns (R-Fla.) said the cookie amendment was added to prevent legitimate businesses from being wrongly prosecuted due to unclear definitions.

“This amendment otherwise clarifies an excellent bill,” Stearns said. “The bill should not penalize authentic use of the technology.”

Perhaps even more significantly, the amendment also removes language from the bill that would have required embedded ads, including pop-ups that appear without a site’s sanction, from posting identifying information so that users can find and remove the software that created them.

Advertising-industry lobbyists won the concessions without debate, but critics claim they have simply stopped trying to fight for a strong anti-spyware law because Congress has stopped listening to them.

“The trouble is that legislators are afraid to take a stand against adware,” Pam Dixon, executive director of the World Privacy Forum, told XBiz. “They let the people they’re supposed to be protecting us against help to write the laws, and [the laws] get watered down to the point where it’s useless.”

Adult websites in particular have come under fire for alleged spyware practices. In a Fox News story on spyware, Gary Guseinov of consulting firm Network Dynamics claimed “ninety-five percent of porn sites load users up with spyware and porn dialers.”

Rep. Joe Barton (R-Texas) said he will seek additional changes, noting that the latest amendment fixes only some of the bill’s problems. At the conclusion of Wednesday’s legislative session, Barton invited industry interests to voice their concerns so he can propose additional amendments before the bill goes to the full house for a vote.

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

Brazzers Launches Model Management Division 'Brazzers Creator'

Brazzers has launched its new full-service model management division, Brazzers Creator, offering content management services across multiple platforms.

FTC Promises 'Vigorous' TAKE IT DOWN Act Enforcement

The Federal Trade Commission is warning platforms that the agency will strongly enforce the notice-and-removal requirements of the TAKE IT DOWN Act, which go into effect next week on May 19.

STD Hero Joins Pineapple Support as Sponsor

Better Life Science brand STD Hero has joined the ranks of over 70 adult businesses and organizations committing funds and resources to Pineapple Support.

2026 XBIZ Miami Speaker, Open-Floor Conversation Guide Lineup Announced

XBIZ is pleased to announce the release of the full speaker lineup for XBIZ Miami, the latest edition of the adult industry’s premier summer conference, set to take place May 11-14 at the Goodtime Hotel in Miami Beach.

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.

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.

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.

Show More