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 © 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

Republicans Behind Oklahoma's New Age Verification Law Gleeful About Potential Pornhub 'Exit'

Republican Gov. Kevin Stitt signed into law last week the state’s version of the age verification legislation being sponsored around the country by anti-porn religious conservative activists.

Woodhull Freedom Foundation Debuts 'Fact Checked by Woodhull' Program

The Woodhull Freedom Foundation has launched its new "Fact Checked by Woodhull" program, which uses peer-reviewed research, compiled and analyzed by professional researchers, to debunk myths weaponized to justify the repression of sex, sexuality and gender expression.

Supreme Court Denies Stay of Texas' Age Verification Law

The U.S. Supreme Court has denied a request by Free Speech Coalition (FSC) and other plaintiffs to stay Texas’ controversial age verification law while the court decides on a petition that would effectively overturn it on constitutional grounds.

QueerCrush Relaunches Through YourPaysitePartner

QueerCrush.com has relaunched through YourPaysitePartner (YPP).

High Society Models Joins Pineapple Support as Sponsor

Talent agency High Society Models has joined the ranks of over 70 adult businesses and organizations committing funds and resources to Pineapple Support.

LoyalFans Announces Banksie Collaboration With I-15 Billboard

LoyalFans has announced its new collaboration with content creator Banksie (formerly known as Lindsey Banks) with a billboard on I-15, between L.A. and Las Vegas.

Chaturbate Reaches Settlement With Texas Over Age Verification

Chaturbate’s parent company, Multi Media, has reached a settlement with Texas regarding the state’s controversial age verification law, HB 1181.

Opinion: Why Device-Based Age Verification is the Key to Protecting Minors Online

Across the United States, state legislators on both sides of the aisle have attempted to tackle the crucial goal of preventing minors from accessing adult content.

TMZ: VMG's Mike Moz in Talks About 'Potential Collab' With Yeezy

Vixen Media Group’s Mike Moz told TMZ on Friday that the company has been discussing a potential collaboration with Kanye West’s brand Yeezy.

Age Verification: FSC's Mike Stabile Reports from the Front Lines

Two years into the religiously-inspired crusade to curtail access to adult material in the U.S. through carefully drafted “age verification” legislation, the constant onslaught of state-by-state proposals and laws — many of them copied from each other — can be hard to follow.

Show More