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 © 2024 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

Aylo Asks Judge to Trim Sweeping GDP-Related Lawsuit

Aylo asked a California federal judge during a hearing on Monday to drop trafficking claims in a sweeping lawsuit brought by a former GirlsDoPorn model.

California Republicans, Democrats Team Up to Advance Age Verification for Porn

Both Republicans and Democrats in the California Assembly’s Privacy and Consumer Protection Committee voted last week to move forward a version of the age verification bills being sponsored around the country by anti-porn religious conservative activists.

Cosplayground Releases 'Furiosa XXX: A Porn Parody'

Cosplayground has released its seventh original production, “Furiosa XXX: A Porn Parody.”

Washington Post Spotlights ECP VP Solomon Friedman's Appearance at XBIZ LA

The Washington Post published this weekend a lengthy feature about Pornhub and Aylo, focusing on Ethical Capital Partners’ VP of Compliance Solomon Friedman’s keynote address and other appearances at XBIZ Los Angeles in January.

'Sex Workers Deserve Protections': Congressional Candidate Joe Cohn Reaches Out to Adult Community

Veteran civil rights attorney Joe Cohn, who is currently running in a New Jersey Democratic primary for a seat in the U.S. House of Representatives, says he is reaching out to the adult community to champion an inclusive approach to civil liberties that encompasses all sex workers and adult businesses.

Mile High Unveils New Unscripted Studio 'Sex on Sight'

Mile High Media has launched a new unscripted-content studio, Sex on Sight.

Belgian Producer Dennis Black Magic Sentenced to 7 Years for Rape, CSAM

Belgian adult producer and director Dennis Black Magic has been sentenced to seven years in prison and a $4,000 fine for the rape of eight models and distribution of CSAM.

Seoul Authorities Force Cancellation of Adult Expo for 'Distorting Perceptions of Sex'

After Seoul authorities repeatedly prevented 2024 KXF The Fashion from finding a suitable venue, event organizers have canceled the popular Korean adult industry expo, which was scheduled for this week.

FSC to Hold Discussion on Adult Industry Rights With Congressional Candidate Joe Cohn

Free Speech Coalition will hold a virtual discussion with congressional candidate Joe Cohn, whom the organization calls a strong advocate for adult industry rights.

Sophie Dee, Ricky Johnson to Deliver 'XBIZ Talks' at Miami Conference

XBIZ is pleased to announce that Sophie Dee and Ricky Johnson will each deliver an “XBIZ Talk” at next month’s XBIZ Miami conference

Show More