U.S. House Approves Anti-Spyware Bill Over Web Industry Objections

WASHINGTON — Seeking to address an issue that is of great concern to web surfers, merchants and advertising affiliates alike, the U.S. House of Representatives has approved an anti-spyware bill — a bill that critics say is far too broad and will catch far more than spyware in its net.

H.R. 964, or the “Securely Protect Yourself Against Cyber Trespass Act” (Spy Act) prohibits a wide range of “unfair or deceptive acts or practices relating to spyware,” including using another person’s computer to “send unsolicited information or material from the computer to others,” and “diverting the Internet browser of the computer.”

“Today’s legislation provides consumers with new tools to protect themselves from unwanted, harmful software,” said Rep. Edolphus Towns (D-N.Y.) on the House floor last week.

According to the Direct Marketing Association (DMA), however, the legislation does more than that — much of which would negatively impact not just advertisers but consumers themselves.

“964 really just goes too far,” Stephanie Hendricks, director of public affairs for the DMA told XBIZ. “The way it defines ‘information collection programs,’ for example, is far too broad.”

Hendricks said that the language of the Spy Act is open to such a wide range of interpretation that it “could potentially cover benign use of cookies,” like online shopping cart mechanisms, ‘favorites’ lists, and unobtrusive contextual advertising applications.

To express opposition to the legislation, the AMA and 31 other associations and corporations sent a letter to Speaker of the House Nancy Pelosi (D-Calif) and House Minority Leader John Boehner (R-Ohio) stating in part that the Spy Act “goes far beyond regulating spyware and cuts to the heart of the information economy and the unprecedented growth of the Internet.”

If not corrected, the current language of the bill would “limit the seamless Internet experience that is responsible for the widespread adoption of the Internet by consumers,” the groups stated in their letter to Pelosi and Boehner.

In the letter, the groups also asserted that regulating web pages as forms of “computer software” or “information collection programs,” would “radically alter the consumer Internet experience by undercutting the operational functionality of web pages, fulfillment of product and service offerings, and important advertising and marketing practices.”

The fundamental problem with the Spy Act, according to Hendricks, is that takes the wrong approach to the problem, seeking to restrict a technology itself, instead of focusing on poor conduct of some who employ that technology.

“Technology is neutral,” Hendricks said. “It is a question of how technology is used.”

H.R. 964 is not the only anti-spyware bill that was under consideration by the House. The other version of the legislation, H.R. 1525, did have the support of the DMA, according to Hendricks.

“1525 really focuses on penalties for people who misuse the software,” Hendricks told XBIZ. “It gives greater resources to the FTC (Federal Trade Commission) to go after bad actors.”

The bill’s Congressional sponsors have said that they are cognizant of the concerns expressed by the AMA and other critics, and feel that the Spy Act has adequately addressed those concerns.

“Anytime we legislate on highly technical matters, there is always a danger of stifling innovation and making the use of legitimate software too burdensome,” Towns said last week. “It is a very difficult tightrope to walk, but I think we have done an excellent job in walking that line.”

Copyright © 2025 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

Chaturbate Announces 2025 Music Contest Winners

Chaturbate has revealed the winners of its 2025 music competition.

2026 XBIZ Exec Awards Pre-Noms Open With Debut of New 'Impact' Honors

XBIZ is pleased to announce that the pre-nomination period for the 2026 XBIZ Exec Awards, the adult industry’s premier career honor, begins today and runs through Oct. 14.

MYM Launches New Traffic System

German creator platform MYM has launched a new traffic system for its members.

Ukrainian Content Creators on Hook for Nearly $10M in Back Taxes

Content creators in Ukraine owe the equivalent of $9.3 million in back taxes, according to the country's State Tax Service.

European Patent Office Board of Appeals Revokes EIS GmbH Patent

The European Patent Office (EPO) Board of Appeals last week ruled in favor of pleasure brand LELO in the company's ongoing dispute with Satisfyer parent company EIS GmbH.

Eroutique Relaunches Site Through YourPaysitePartner

Eroutique has relaunched its official website through YourPaysitePartner (YPP).

Update: Pornhub Will Not Block Ohio, Despite AV Law

Pornhub parent company Aylo will not block access to its websites in Ohio, despite new state age verification rules that came into effect Sept. 30.

Pineapple Support, Pornhub to Host 'ADHD-Friendly' Support Group

Pineapple Support and Pornhub are hosting a free online support group for performers with ADHD.

Judge Dismisses Some Claims in 'Children of Pornhub' Trafficking Suit

A United States district judge on Friday dismissed some but not all claims against Aylo in a long-running case involving CSAM allegations featured in the influential 2020 New York Times article “The Children of Pornhub.”

FSC Sets Key Dates, Qualifiers for December Board of Directors Election

The Free Speech Coalition (FSC) today announced key dates and qualifiers for its upcoming Board of Directors election.

Show More