Senators Revise Spyware Bill

WASHINGTON, D.C. – A Senate subcommittee revised a bill this week that broadly targets several aspects of the Internet that lawmakers consider "noxious and harmful."

At the top of the committee's list of targets is spyware and adware, which lawmakers believe are becoming the next big scourge on the Internet, second only to spam email.

According to recent statistics, 90 percent of all broadband users have spyware programs installed on their computers and 94 percent of broadband users did not know that spyware came bundled with peer-to-peer programs. Typically spyware transmits information about Internet traffic patterns and generates pop-up advertisements without the user's consent.

The Senate subcommittee is also naming spyware programs in the bill that can inadvertently track users' keystrokes to lift passwords and credit card numbers.

The bill to outlaw spyware and adware from being secretly installed on computers was drafted in February of this year by the authors of the so-far ineffective Can-Spam Act, Senators Conrad Burns (R-MT), Ron Wyden (D-OR), and Barbara Boxer (D-CA).

"Programs that secretly track computer users' activities are becoming an online scourge rivaling "spam" email and should be outlawed before they prompt consumers to abandon the Internet," the Senate committee stated.

The bill, which continues to be sponsored by Sen. Burns, would force companies to obtain permission before installing a piece of software on a consumer's computer. The terms of the bill would also require that companies to provide an easy way for consumers to remove the software if they change their minds.

"It's my computer, it's my private property," stated Sen. Burns. "I bought it and paid for it for my use only, not some leech."

The Senate's concern over combating some of the darker forces of the Internet comes on the heels of several recent studies that claim computer users are becoming so discouraged by spam, spyware, and pop-up advertisements that interest in the web is waning.

The issue is further complicated by the committee's broadly targeted list of Internet ills, which in some cases names legitimate forms of marketing activity, like pop-ups, all of which need to be more clearly defined before the committee can draft a more comprehensive document, business owners are saying.

"We really have to spend a little time, take a deep breath and define what we're after here," said Jerry Berman, president of the Center for Democracy and Technology.

If passed, the bill would be enforced by the Federal Trade Commission (FTC), and State Attorneys General would impose fines and penalties for unfair business practices.

Several spyware bills have so far failed to make it any farther than the hearings process, including a bill in 2000 introduced by former presidential candidate Sen. John Edwards.

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

Proposed New Hampshire AV Bill Appears to Violate Constitution

A bill in the New Hampshire state legislature, aimed at requiring adult sites to age-verify users in that state, contains a provision that seemingly contradicts the Supremacy Clause in Article VI of the U.S. Constitution.

AEBN Publishes Report on Fetish Trends

AEBN has published a report on fetish categories from its straight and gay theaters.

Online Child Protection Hearing to Include Federal AV Bill

A House subcommittee will hold a hearing next week on a slate of bills aimed at protecting minors online, including the SCREEN Act, which would make site-based age verification of users seeking to access adult content federal law.

Industry Photographer, 'Payout' Founder Mike B Passes Away

Longtime industry photographer and publisher Michael Bartholomey, known widely as Mike B, passed away Saturday.

FSC Announces 2025 Board of Directors Election Nominees

The Free Speech Coalition (FSC) has announced the nominees for its 2025 Board of Directors election.

AdultHTML Launches Black Friday Web Design, Development Promo

AdultHTML has launched its annual Black Friday/Cyber Monday promo for web design and development, running through Dec. 5.

Canada Exempts Online Adult Content From 'CanCon' Quotas

The Canadian Radio-television and Telecommunications Commission (CRTC) has updated its broadcasting regulatory policies, exempting streaming adult content from “made in Canada” requirements that apply to other online material.

Creator Law Firm 'OnlyFirm' Launches

Entertainment attorney Alex Lonstein has officially launched OnlyFirm.com for creators.

German Court Puts Pornhub, YouPorn 'Network Ban' on Hold

The Administrative Court of Düsseldorf has temporarily blocked the State Media Authority of North Rhine-Westphalia (LfM) from forcing telecom providers to cut off access to Aylo-owned adult sites Pornhub and YouPorn.

FSC: NC Law Invalidating Model Contracts Takes Effect December 1

The Free Speech Coalition (FSC) has issued a notice that North Carolina's Prevent Exploitation of Women and Minors Act goes into effect on December 1.

Show More