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.
In August of 2006, the Center of Democracy and Technology (CDT) released a survey of state and federal law enforcement efforts to pursue spyware and nuisance adware distributors. The survey summarizes cases brought by the states and federal government, listing the laws invoked and the status of the case. See the CDT Spyware Enforcement Report at http://www.cdt.org/privacy/spyware/20060626spyware-enforcement.php.
CALIFORNIA
A.B. 1958
* Amended, spyware related portions removed
An act to amend the Business and Professions Code, relating to computer spyware, making nonsubstantive, technical, and conforming changes.
A.B. 2415
09/30/06 Signed by to Governor, Chapter 860
Prohibits a person or entity from selling wireless technology to a computer user in the state unless that technology contains encryption software or a similar encryption device, which is set as the default mode at the time of sale.
S.B. 1740
09/29/06 Vetoed by Governor
Declares the intent of the Legislature to enact legislation that would promote and ensure safety and security on the Internet.
S.B. 92
* Amended, spyware related portions removed
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.
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 the act and seek damages ranging from $1,000 to $1 million.
HAWAII
H.B. 2256
Prohibits the unauthorized access to or control of a computer or the inducing, by misrepresentation, authorized person to load software. Authorizes attorney general or prosecuting attorney to seek up to $2,500 per violation. Authorizes private action to recover $5,000 per violation or 5 times the amount of damage cause, whichever is greater.
H.B. 2535
05/25/06 Signed by Governor; Act No. 141
Relates to theft; amends offense of use of a computer in the commission of a separate crime by including use of a computer to obtain control over the property of the victim or to facilitate commission of the offense of theft in the first or second degrees.
H.R. 29
04/11/06 Adopted by House
Urges the university of Hawaii to establish undergraduate and graduate degree programs in information security within the department of information and computer sciences to develop skilled and highly-trained graduates to assist the state in defending against cyberthreats.
S.B. 2019
Creates a new criminal offense of unlawful distribution of adware or spyware if a person knowingly transmits prohibited computer software, adware, or software to a computer owned by another person. Provides penalties for a class B felony.
S.B. 2434
Amends offense of use of a computer in the commission of a separate crime by including use of a computer to obtain control over the property of the victim or to facilitate commission of the offense of theft in the first or second degrees; relates to theft.S.B. 2869
Prohibits the unauthorized access to or control of a computer or the inducing, by misrepresentation, authorized person to load software. Authorizes attorney general or prosecuting attorney to seek up to $2,500 per violation. Authorizes private action to recover $5,000 per violation or 5 times the amount of damage cause, whichever is greater.
ILLINOIS
H.B. 380
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.
S.B. 3036
Creates the Consumer Protection Against Computer Spyware Act. Sets forth provisions for unauthorized collection or culling of personally identifiable information, unauthorized access to or modifications of computer settings and computer damage, unauthorized interference with installation or disabling computer software, and other prohibited conduct. Provides that certain persons may bring a civil action against a violator of the Act. Provides a civil penalty for violations of the Act. Permits the Attorney General to obtain a restraining order or injunction for violations of the Act.
KANSAS
H.B. 2343
Enacts the consumer protection against computer spyware act; prohibiting certain acts and providing penalties for violations.
LOUISIANA
H.B. 690
06/15/06 Signed by Governor, Act 392
Prohibits transmitting of spyware, adware, or other forms of malware onto computers.
S.B. 244
Enacts the Computer Spyware Protection Act.
MARYLAND
MASSACHUSETTS
H.B. 857
Enhances the existing computer crime law to further protect the corporate and individual citizens from attacks on the integrity of their computer systems.
H.B. 1444
Prohibits spyware.
H.B. 3739
Relates to spyware.
S.B. 273
Prohibits spyware and adware.
S.B. 286
Prohibits spyware.
MICHIGAN
S.B. 53
Provides sentencing guidelines for the crime of installing spyware on another person's computer without consent.
S.B. 54
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
Prohibits and provides remedies for installing spyware or adware onto another individual's computer without consent.
MISSOURI
H.B. 1397
Establishes the Consumer Protection Against Computer Spyware Act making it illegal for an unauthorized user to intentionally modify the settings of a computer belonging to a consumer, collect personally identifiable information from the computer, prevent an authorized user's reasonable efforts to block the installation of or disable installed software, remove or disable security software installed on the computer, or take control of the consumer's computer by transmitted commercial electronic mail or a computer virus from the consumer's computer.
NEBRASKA
L.B. 316
Creates the Consumer Protection Against Computer Spyware Act.
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. 891
Signed by Governor, Chapter 558
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.
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
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.
NORTH CAROLINA
S.B. 996
An act authorizing the legislative research commission to study issues related to privacy and personal information protection. Spyware is listed as one issue to be covered.
OHIO
H.B. 633
Provides consumer protection against spyware; relates to advertisements, bundled software, computer viruses, confidentiality of data, damage, distributed denial of service, intentionally deceptive and fraudulent statements, credit and debit card numbers, financial account numbers, failure to notify an authorized user regarding a download or installation of software, social security numbers, phishing and preventing a user's efforts to disable or block the installation of software.
OKLAHOMA
H.B. 2083
05/26/06 Vetoed by Governor
Creates the Computer Spyware Protection Act; making it unlawful for certain persons to take certain action with regard to computers; allowing the Attorney General, Internet service providers, or software companies to bring a civil action for violations of the act; providing for damages; allowing certain carriers or providers to bring a civil action for certain violations of the act.
PENNSYLVANIA
H.B. 2005
An Act prohibiting the installation, transmission and use of computer software that collects personally identifiable information; authorizing the Attorney General and district attorneys to bring civil actions against persons who violate this act; and providing for damages.
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. 6811
07/14/06 Effective without Governor's Signature, Public Law 2006-583
Creates the offenses of 1) Unlawful modification of computer settings, 2) Unlawful control of a computer, and 3) Deceptive sale of software.
TENNESSEE
H.B. 1742 / S.B. 2069
06/20/06 Signed by Governor, Chapter 929. * Amended, spyware related portions removed
Creates the Internet Spyware Control Act of 2005.
VERMONT
S.B. 235
Establishes limitations on the use of computer spyware. Sets up the crimes of 1) Unauthorized Collection or Culling of Personally Identifiable Information, 2) Unauthorized Access to or Modifications of Computer Settings, and 3) Unauthorized Interference with Installation of Disabling of Computer Software. Allows civil remedies.
S.B. 180
Prohibiting 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; etc.