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2005 State Legislation Relating to Internet Spyware or Adware
Last update: July 14, 2005
Spyware is software that can track or collect the online activities or personal information of Web users, change settings on users computers, or cause advertising messages to pop up on users' computer screens. Web users are often unaware that spyware has been downloaded to their computers, and it can be very difficult or almost impossible to remove.
Summary: Legislation is being considered in at least 28 states in 2005. Legislation has been enacted in seven states: Arizona, Arkansas, Georgia, Iowa, Utah, Virginia and Washington. See also 2004 State Legislation Relating to Internet Spyware or Adware
ALABAMA
S.B. 122
05/16/05 Legislature adjourned
Establishes the Consumer Protection Against Computer Spyware Act. Prohibits willfully using computer software to take control of another computer or otherwise attacking operation of another computer. Provides penalties.
ALASKA
S.B. 140
05/10/05 Awaiting Transmittal to Governor
05/10/05 Legislature adjourned
Prohibits spyware and unsolicited Internet advertising.
ARIZONA
H.B. 2414
04/18/05 Signed by Governor, Chapter 136
Makes it unlawful to transmit, through intentionally deceptive means, computer software that modifies certain settings, collects personally identifiable information, or takes control of the computer.
ARKANSAS
H.B. 2904
04/13/05 Signed by Governor, Act 2255
Establishes the Consumer Protection Against Computer Spyware Act.
H.B. 2261
04/14/05 Signed by Governor, Act 2312
An act to make an appropriation for expenses associated with spyware monitoring for the office of Attorney General.
H.B. 2344
04/14/05 Signed by Governor, Act 2313
An act to make an appropriation for expenses associated with spyware monitoring for the Department of Information Systems.
CALIFORNIA
S.B. 92
05/23/05 Passed Senate
This bill would, with specified exceptions, authorize the recipient of spyware or software transmitted in violation of these prohibitions or the Internet service provider to bring an action to recover actual damages, and would authorize these parties to recover liquidated damages of $1,000 per violation. The bill would also provide for an award of reasonable attorney's fees and costs to a prevailing plaintiff. The bill would make the violation of the prohibitions a crime, punishable as either a misdemeanor or felony. By creating a new crime, the bill would impose a state-mandated local program.
S.B. 355
05/26/05 Passed Senate
Existing law, the Consumer Protection Against Computer Spyware Act, provides specified protections for the computers of consumers in this state against certain types of computer software. This bill would state the intent of the Legislature to enact legislation that would improve the security of the Internet.
DELAWARE
S.B. 124
Prohibits the installation, transmission, and use of computer software that collects personally identifiable information, and authorizes the attorney general to bring a civil action against anyone who violates any provision of this act and seek damages ranging from $1,000 to $1 million.
FLORIDA
S.B. 2162
05/06/05 Legislature adjourned
Prohibits a person or a business entity from using the Internet to solicit, request, or take any action to induce a computer user to provide personal identification information by fraudulently representing that the person or business is an on-line business; providing an exception; prohibiting a business entity or person who is not the authorized user of a computer from committing certain specified deceptive acts or practices that involve the computer; prohibiting a person or business entity from collecting certain information without notice to and the consent of the authorized user of the computer; providing that a violation is a deceptive and unfair trade practice; authorizing a computer user to file a civil action for violations of the act; providing that a civil action may be filed regardless of whether there is any criminal prosecution.
GEORGIA
S.B. 127
05/10/05 Signed by Governor, Act 389
Relates to forgery and fraudulent practices, so as to enact the "Georgia Computer Security Act of 2005." Prohibits certain deceptive acts and practices with regard to computers; requires certain notices be given prior to certain software or programs being loaded onto certain computers; requires certain functions be available in certain software; provides for certain exceptions; provides for civil and criminal penalties; provides for recovery of certain damages.
ILLINOIS
H.B. 380
02/08/05 Passed House
Creates the Illinois Spyware Prevention Initiative Act. Prohibits a person or entity other than the authorized user of a computer from causing computer software to be copied onto the computer and using the software to: (1) take control of the computer; (2) modify certain settings related to the computer's access to or use of the Internet; (3) collect, through deceptive means, personally identifiable information; (4) prevent, without authorization, an authorized user's reasonable efforts to block the installation of or disable software; (5) misrepresent that the software will be uninstalled or disabled by an authorized user's action; or (6) through deceptive means, remove, disable, or render inoperative security, antispyware, or antivirus software installed on the computer. Prohibits a person or entity who is not an authorized user from inducing an authorized user to install a software component by misrepresenting that it is necessary for security or privacy or in order to open, view, or play a particular type of content. Prohibits a person or entity who is not an authorized user from deceptively causing the copying and execution on the computer of software components with the intent of causing an authorized user to use the components in a way that violates the Act. Makes a violation of the Act a Class B misdemeanor. Contains severability provisions.
INDIANA
H.B. 1714
04/29/05 Legislature adjourned
Prohibits the unauthorized installation of a computer spyware program that monitors a computer's usage and: (1) transmits usage information to another computer; or (2) displays certain advertisements in response to the computer's usage. Permits the installation of spyware only if the computer owner consents after full disclosure of: (1) the spyware's purpose; and (2) a method of uninstalling the spyware. Authorizes a web site owner, a trademark or copyright holder, or an authorized Internet advertiser harmed by spyware to bring a civil action against the person who unlawfully installed the spyware. Permits a person who brings a cause of action for unlawful spyware installation to receive injunctive relief and the greater of actual damages or $10,000 per violation. Permits a court to award treble damages if the violation is knowing or intentional, and permits the award of attorney's fees and costs. Requires the consumer protection division of the attorney general's office to receive reports of unauthorized spyware installation.
IOWA
H.F. 614
05/03/05 Signed by Governor
Protects owners and operators of computers from the use of spyware and malware that is deceptively or surreptitiously installed on the owner's or the operator's computer.
S.F. 465
3/30/05 Withdrawn
04/26/05 Legislature adjourned
Relates to the transmission, installation, and use of computer software through deceptive or unauthorized means.
KANSAS
H.B. 2343
05/20/05 Legislature adjourned
Enacts the consumer protection against computer spyware act; prohibiting certain acts and providing penalties for violations.
MARYLAND
H.B. 780
04/11/05 Legislature adjourned
Prohibiting specified persons from causing computer software that modifies specified Internet settings, collects specified personally identifying information, prevents an authorized user from blocking the installation of specified software, or prevents an authorized user from disabling specified software to be copied onto a consumer's computer under specified circumstances; prohibiting specified persons from misleading authorized users as to the effect specified actions will have with respect to computer software.
H.B. 945
04/11/05 Legislature adjourned
Prohibiting specified persons from, with actual knowledge, with conscious avoidance of actual knowledge, or willfully causing computer software that modifies specified Internet settings, collects specified personally identifying information, prevents an authorized user from blocking the installation of specified software, or prevents an authorized user from disabling specified software to be copied onto a consumer's computer under specified circumstances.
S.B. 492
04/11/05 Legislature adjourned
Prohibits specified persons from causing computer software to be copied onto the computer of a consumer that modifies Internet settings, collects personally identifying information, prevents an authorized user from blocking the installation of software, or prevents an authorized user from disabling software under specified circumstances; prohibiting specified persons from misleading users as to the effect actions will have with respect to computer software.
S.B. 801
03/31/05 Withdrawn
4/11/05 Legislature adjourned
Prohibiting specified persons from causing computer software that modifies specified Internet settings, collects specified personally identifying information, prevents an authorized user from blocking the installation of specified software, or prevents an authorized user from disabling specified software to be copied onto a consumer's computer under specified circumstances; prohibiting specified persons from misleading authorized users as to the effect specified actions will have with respect to computer software.
MASSACHUSETTS
S.B. 273
Prohibits spyware and adware.
S.B. 286
Prohibits spyware
H.B. 1444
Prohibits spyware
H.B. 3739
Relates to spyware
MICHIGAN
S.B. 53
03/09/05 Passed Senate
Provides sentencing guidelines for the crime of installing spyware on another person's computer without consent.
S.B. 54
03/09/05 Passed Senate
Prohibits access to computers, computer systems, and computer networks for certain fraudulent purposes; prohibits intentional and unauthorized access, alteration, damage, and destruction of computers, computer systems, computer networks, computer software programs, and data; prohibits the sending of certain electronic messages; and to prescribe penalties.
S.B. 151
03/09/05 Passed Senate
Prohibits and provides remedies for installing spyware or adware onto another individual's computer without consent.
MISSOURI
H.B. 902
05/13/05 Legislature adjourned
Creates anti-spyware provisions
NEBRASKA
L.B. 316
Carried Over to Second Regular Session
Creates the Consumer Protection Against Computer Spyware Act
NEW HAMPSHIRE
H.B. 47
02/23/05 Passed House
06/09/05 Passed Senate
This bill regulates the use of computer spyware software that creates advertisements on a computer as a result of visiting certain Internet websites and that collects information regarding the computer’s Internet use. The bill prohibits installation of spyware on another person’s computer.
NEW YORK
A.B. 549
Establishes the crime of unlawful use of spyware and malware; unlawful use of spyware and malware is a class A misdemeanor; provided, however, that unlawful use of spyware and malware by a person who has been previously convicted within the last five years of having violated this section is a class E felony.
A.B. 2682
Creates the crime of unlawful dissemination of spyware and establishes such crime as a class A misdemeanor; expands eavesdropping to include information that is intercepted by the use of spyware; requires an authorization agreement to be provided to a computer user by a person or entity that provides software for download.
S.B. 186
06/23/05 Passed Senate
Creates the crime of unlawful dissemination of spyware and establishes such crime as a class A misdemeanor; expands eavesdropping to include information that is intercepted by the use of spyware; requires an authorization agreement to be provided to a computer user by a person or entity that provides software for download.
S.B. 3600
Establishes the crime of unlawful use of spyware and malware; unlawful use of spyware and malware is a class A misdemeanor, provided, however, that unlawful use of spyware and malware by a person who has been previously convicted within the last five years of having violated this section is a class E felony.
OREGON
H.B. 2302
Prohibits a person from installing or causing installation of spyware on computer. Creates exceptions. Makes violation of prohibition unlawful trade practice.
PENNSYLVANIA
H.B. 574
Provides for unlawful transmission of electronic mail; and providing for misuse of adware or spyware.
H.B. 1697
Amends the Crimes and Offenses Code. Provides for the offense of unlawful distribution of adware or spyware
S.B. 711
Provides for the protection of consumers from having spyware deceptively installed on their computers. Provides that the Attorney General shall have the authority to investigate and institute criminal proceedings for any violation of this act
RHODE ISLAND
H.B. 6211
05/12/05 Passed House
Prohibits the installation of software on consumer's computer which would collect a user's personal identifiable information.
TENNESSEE
H.B. 1742 / S.B. 2069
05/28/05 Legislature adjourned
Creates the Internet Spyware Control Act of 2005.
TEXAS
H.B. 1351
05/30/05 Legislature adjourned
Relates to the installation, copying, or use of computer software for unauthorized purposes; providing a penalty.
H.B. 1430
04/26/05 Passed House
05/30/05 Legislature adjourned
Relates to the installation, copying, or use of computer software for unauthorized purposes; providing a penalty.
S.B. 327
05/30/05 Legislature adjourned
Relates to the unauthorized collection and transmission of certain information by computer; providing a penalty.
S.B. 958
05/30/05 Legislature adjourned
Relating to the installation, copying, or use of computer software for unauthorized purposes; providing a penalty.
UTAH
H.B. 104 ; H.B. 104 Second substitute
03/17/05 Signed by Governor, Chapter 168
This bill amends the Spyware Control Act. IT prohibits certain uses of pop-up advertisements; prohibits the purchase of pop-up advertisements that violate the chapter if the purchaser has actual notice of the violation; provides for the permissive removal of certain software; and defines the scope of actions and penalties authorized by the chapter.
VIRGINIA
H.B. 1729
02/04/05 Passed House
02/27/05 Legislature adjourned
Amends the Computer Crimes Act to prohibit the use of software that changes settings, collects personally identifiable information or obstructs the reasonable operation of the computer. The bill also prohibits the installation of computer software that operates in this manner. Violations of this bill are Class 1 misdemeanors. The bill provides exemptions for maintenance and security.
H.B. 1304
02/27/05 Legislature adjourned
Requires public bodies to conduct a privacy impact analysis when authorizing or prohibiting the use of invasive technologies (e.g. spyware and Internet wiretaps) beginning July 1, 2006. The bill requires the Joint Commission on Technology and Science (JCOTS) to propose to policies and guidelines to follow in conducting the privacy impact analysis. In developing the policies and guidelines, the bill requires JCOTS to review the invasive technologies available for use, the current legal requirements of their use and the reasons for their use, their impact on civil liberties, and any safeguards that are or should be used to mitigate negative impacts.
H.B. 2215
04/04/05 Signed by Governor, Chapter 812
Modernizes the Virginia Computer Crimes Act by updating definitions to comport with changing technology, removing superfluous language and relocating language. The bill adds unauthorized installation of software on the computer of another, disruption of another computer's ability to share or transfer information and maliciously obtaining computer information without authority as additional crimes of computer trespass, a Class 1 misdemeanor.
S.B. 1163
03/26/05 Signed by Governor, Chapter 761
Updates the Virginia Computer Crimes Act to include recommendations made by the 2004 joint study on Computer Crimes by the Joint Commission on Technology and Science and Virginia State Crime Commission. Modernizes definitions of "computer", "using a computer" and "without authority" to comport with changing technology. Revises provisions regarding computer trespass, a Class 1 misdemeanor, unless the damage to the property of another is $1,000 ($2,500 under current law) or more, in which case it is a Class 6 felony. Provisions regarding computer invasion of privacy are rewritten to include unauthorized gathering of identifying information and Class 6 penalties added for persons with previous convictions, selling or distributing the information to another or using the information in the commission of another crime. Adds as a new Class 6 felony using a computer to fraudulently gather identifying information of another (phishing), unless the information is sold or distributed to another or the information is used in the commission of another crime, in which case it is a Class 5 felony. Statute of limitation and venue provisions are relocated in the Code.
WASHINGTON
H.B. 1012
05/17/05 Signed by Governor, Chapter 500
Prohibits an unauthorized person or entity from installing software on a consumer's computer that would take over control of the computer, modify its security settings, collect the user's personally identifiable information, interfere with its own removal, or otherwise deceive the authorized user.
WEST VIRGINIA
H.B. 3246
04/16/05 Legislature adjourned
Relating to adding language regarding spyware to the West Virginia Computer Crime and Abuse Act; defining spyware; and requiring that persons or entities providing computer software which contains spyware to disclose certain information about the spyware and imposing criminal penalties for failure to disclose.
NCSL Contact: Pam Greenberg, NCSL Denver Office, 303-364-7700
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