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Issues & Research » Telecommunications & Information Technology » Internet Spyware or Adware Legislation 2007
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2007 State Legislation Relating to Internet Spyware or Adware
Year-end Summary
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: In 2007, legislation has been introduced in at least 14 states; enacted in Arkansas and Virginia. See also 2006, 2005 and 2004 State Legislation Relating to Internet Spyware or Adware.
Arkansas
S.B. 252
Signed by governor 3/22/07, Act 407
Amends revenue fees; relates to Racing Commission, design-use contribution fees, mixed drink supplemental taxes on sales of alcoholic beverages, Bureau of Standards lab and inspection fees, salvage auction buyer's identification card fees, vehicle identification number verification fees, spyware monitoring fines, hydrocarbon and production equipment sales and hazardous substance response fees; provides for the Hazardous Waste Permit Fund; relates to the state Rx program fund to reimburse pharmacies.
California
A.B. 1392
Declares the intent of the Legislature to enact legislation that would enhance online privacy.
Illinois
H.B. 1614
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. Exempts willful and wanton misconduct from the limitation on liability.
H.B. 3477
Amends the Department of State Police Law of the Civil Administrative Code. Amends the Criminal Code of 1961. Provides that a person shall not knowingly use or attempt to use encryption, directly or indirectly, to commit, facilitate, further, or promote any criminal offense, aid, assist, or encourage another person to commit any criminal offense, conceal evidence of the commission of any criminal offense, or conceal or protect the identity of a person who has committed any criminal offense.
S.B. 1199
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.
S.B. 1495
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.
Indiana
H.B. 1803
Removes applicability exceptions in spyware laws; repeals provisions authorizing a provider of computer software, the owner of a web site, or the owner of a trademark to bring a civil action against a person who violates spyware laws.
Maine
L.D. 1029
Creates the Maine Spyware Prevention Act, which is modeled after California and Illinois legislation. The bill protects consumers against the illegal use of computer software known as spyware.
Massachusetts
H.B. 206
Relates to consumer protection against spyware.
H.B. 350
Provides for the control of spyware.
S.B. 259
Prohibits the use of spyware.
Michigan
S.B. 143
Sets sentencing guidelines for crime of installing spy ware on another person's computer without consent.
S.B. 144
Prohibits installing spy ware on another person's computer without consent.
S.B. 145
Provides remedies relative to prohibition on installing spy ware or adware onto another persons computer without consent.
Mississippi
S.B. 2261
Prohibits Internet spyware.
Missouri
H.B. 993
Establishes the Consumer Protection Against Computer Spyware Act.
New York
A.B. 340
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. 6531 | S.B. 1459
Enacts the "computer spyware protection act"; prohibits the installation, transmission and use of computer software that collects personally identifiable information; authorizes the attorney general to bring a civil action against any person who violates any provision of this section; seeks damages ranging from one thousand dollars to one million dollars.
S.B. 3655
Enacts the "consumer protection against computer spyware act"; establishes a person or entity that is not an authorized user shall not cause computer software to be copied onto the computer of a consumer in this state and cause such software to do certain things; allows the attorney general to bring a civil action against any person violating the provisions of this act.
S.B. 4948
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.
Pennsylvania
H.B. 755
Provides for the protection of consumers from having spyware deceptively installed on their computers and for criminal and civil enforcement.
S.B. 711
Provides for the protection of consumers from having spyware deceptively installed on their computers and for criminal and civil enforcement.
Virginia
H.B. 2353
Signed by governor 3/19/07, Chapter 483
Adds keyboard loggers and bots and zombies to the list of computer trespass crimes; makes it a felony for a person to install or cause to be installed or collect information through software capable of recording keystrokes on the computer of another.
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2007 State Legislation Relating to Internet Spyware or Adware
Year-end Summary
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: In 2007, legislation has been introduced in at least 14 states; enacted in Arkansas and Virginia. See also 2006, 2005 and 2004 State Legislation Relating to Internet Spyware or Adware.
Arkansas
S.B. 252
Signed by governor 3/22/07, Act 407
Amends revenue fees; relates to Racing Commission, design-use contribution fees, mixed drink supplemental taxes on sales of alcoholic beverages, Bureau of Standards lab and inspection fees, salvage auction buyer's identification card fees, vehicle identification number verification fees, spyware monitoring fines, hydrocarbon and production equipment sales and hazardous substance response fees; provides for the Hazardous Waste Permit Fund; relates to the state Rx program fund to reimburse pharmacies.
California
A.B. 1392
Declares the intent of the Legislature to enact legislation that would enhance online privacy.
Illinois
H.B. 1614
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. Exempts willful and wanton misconduct from the limitation on liability.
H.B. 3477
Amends the Department of State Police Law of the Civil Administrative Code. Amends the Criminal Code of 1961. Provides that a person shall not knowingly use or attempt to use encryption, directly or indirectly, to commit, facilitate, further, or promote any criminal offense, aid, assist, or encourage another person to commit any criminal offense, conceal evidence of the commission of any criminal offense, or conceal or protect the identity of a person who has committed any criminal offense.
S.B. 1199
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.
S.B. 1495
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.
Indiana
H.B. 1803
Removes applicability exceptions in spyware laws; repeals provisions authorizing a provider of computer software, the owner of a web site, or the owner of a trademark to bring a civil action against a person who violates spyware laws.
Maine
L.D. 1029
Creates the Maine Spyware Prevention Act, which is modeled after California and Illinois legislation. The bill protects consumers against the illegal use of computer software known as spyware.
Massachusetts
H.B. 206
Relates to consumer protection against spyware.
H.B. 350
Provides for the control of spyware.
S.B. 259
Prohibits the use of spyware.
Michigan
S.B. 143
Sets sentencing guidelines for crime of installing spy ware on another person's computer without consent.
S.B. 144
Prohibits installing spy ware on another person's computer without consent.
S.B. 145
Provides remedies relative to prohibition on installing spy ware or adware onto another persons computer without consent.
Mississippi
S.B. 2261
Prohibits Internet spyware.
Missouri
H.B. 993
Establishes the Consumer Protection Against Computer Spyware Act.
New York
A.B. 340
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. 6531 | S.B. 1459
Enacts the "computer spyware protection act"; prohibits the installation, transmission and use of computer software that collects personally identifiable information; authorizes the attorney general to bring a civil action against any person who violates any provision of this section; seeks damages ranging from one thousand dollars to one million dollars.
S.B. 3655
Enacts the "consumer protection against computer spyware act"; establishes a person or entity that is not an authorized user shall not cause computer software to be copied onto the computer of a consumer in this state and cause such software to do certain things; allows the attorney general to bring a civil action against any person violating the provisions of this act.
S.B. 4948
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.
Pennsylvania
H.B. 755
Provides for the protection of consumers from having spyware deceptively installed on their computers and for criminal and civil enforcement.
S.B. 711
Provides for the protection of consumers from having spyware deceptively installed on their computers and for criminal and civil enforcement.
Virginia
H.B. 2353
Signed by governor 3/19/07, Chapter 483
Adds keyboard loggers and bots and zombies to the list of computer trespass crimes; makes it a felony for a person to install or cause to be installed or collect information through software capable of recording keystrokes on the computer of another.
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