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

Utah VPN Rule Enforcement Pause Extended in Aylo Lawsuit

Provisions of a 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 in May, have again been put on hold temporarily.

Anti-Censorship Bill Could Shield US Sites From Foreign AV Laws

A Republican congressman has introduced legislation to bar U.S. courts from helping to enforce any foreign law restricting speech that would domestically be protected under the First Amendment, potentially including foreign age verification laws.

X3 Expo 2027 All-Stars Unveiled, Dates Set for Jan. 8-9

X3 Expo will make its L.A. LIVE debut at the JW Marriott on Jan. 8-9, bringing together fans and industry insiders for North America’s largest assembly of stars, alongside a dazzling lineup of attractions spotlighting the cutting edge of modern media and pleasure tech.

BranditScan Rolls Out Real-Time Telegram Leak Scans, Takedowns

BranditScan has launched Telegram Bot, a new feature that lets creators scan Telegram in real time for leaked content.

Pineapple Support to Host 'Suicide Survivors' Support Group

Pineapple Support is hosting a free online support group for performers affected by suicide.

Studio Vanniall Signs Exclusive Partnership Deal With PAYSITE

Studio Vanniall has signed an exclusive partnership deal with PAYSITE.

AEBN Publishes Popular Searches by Country for June, July

AEBN has released the list of popular searches from its straight and gay theaters, by country, for June and July.

Appeals Court Upholds Section 230 Immunity in XVideos Case

The U.S. Court of Appeals for the 9th Circuit has upheld a lower court’s ruling that Section 230 protects WebGroup Czech Republic from liability in a case involving user-uploaded CSAM on its tube sites.

Aylo Moves to Settle Two 'Children of Pornhub' Class-Action Lawsuits

Aylo has agreed to terms for a settlement with the plaintiffs in two long-running class actions over allegations that former Pornhub parent company MindGeek knowingly allowed and profited from CSAM on its sites.

Tigerlilly Launches 'SugarCoatedSweethearts' Through PAYSITE

Tigerlilly has launched SugarCoatedSweethearts.com through PAYSITE.

Show More