"The bill also permits computer software providers to interact with a user's computer without notice and consent in order to determine whether the computer user is authorized to use the software upon initialization of the software or an update of the software."
I find this aspect of the Bill objectionable, since it contradicts other laws, which make it illegal to break into a computer. There is also no guarantee that the person doing the snooping is above criminal intent and would create an operational nightmare for most prudent ISP/NSP organizations. -Henry --- Nicole <[EMAIL PROTECTED]> wrote: > > > It all reads ok until the latter part... shudder... > > Nicole > > > -----FW: > <[EMAIL PROTECTED]>----- > > Date: Fri, 08 Oct 2004 16:00:53 -0400 > Sender: [EMAIL PROTECTED] > From: cybercrime-alerts <[EMAIL PROTECTED]> > To: [EMAIL PROTECTED] > Subject: House Toughens Spyware Penalties > > October 8, 2004 > House Toughens Spyware Penalties > > http://www.internetnews.com/bus-news/article.php/3419211 > > For the second time in three days, the U.S. House of > Representatives has passed > an anti-spyware bill, this time adding criminal > penalties to tough civil > provisions of legislation passed on Tuesday. > > The Internet Spyware Prevention Act of 2004 (H.R. > 4661), which passed on a > 415-0 vote Thursday, makes it a crime to > intentionally access a computer > without authorization or to intentionally exceed > authorized access. If the > unauthorized intrusion is to further another federal > crime such as secretly > accessing personal data, the penalty is up to five > years in prison. > > Deliberately injuring or defrauding a person or > damaging a computer through the > unauthorized installation of spyware carry prison > terms of up to two years. The > legislation also authorizes $10 million for the > Department of Justice to combat > spyware and phishing (define) scams, although the > bill does not specifically > make phishing a crime. > > "By imposing criminal penalties on these bad actors, > this legislation will help > deter the use of spyware, and will thus help protect > consumers from these > aggressive attacks," Rep. Bob Goodlatte (R-VA), the > bill's author, said in a > statement. "At the same time, the legislation leaves > the door open for > innovative technology developments to continue to > combat spyware programs." > > Tuesday night, the House passed legislation > prohibiting unfair or deceptive > practices related to spyware. The bill, known as the > Spy Act (H.R. 2929), also > requires an opt-in notice and consent form for legal > software that collects > personally identifiable information from consumers. > The penalties in H.R. 2929 > are limited to civil fines of up to $3 million. > > Both bills now go the Senate, which has pending > legislation similar to the > House bills. House Energy and Commerce Committee > Chairman Joe Barton (R-Texas) > said earlier this week he thought the two chambers > could agree on a spyware > bill before lawmakers adjourn on Friday or Saturday. > > > "[We've] seen several egregious examples of spyware > being used in ways that > most Americans would think clearly ought to be > criminal," Ari Schwartz, > associate director of the Center for Democracy and > Technology, said in another > statement. "The bill will help make sure there are > strong deterrents to using > spyware to defraud or injure consumers." > > The two House bills are supported by a broad array > of trade groups, including > the U.S. Chamber of Commerce and the Business > Software Alliance (BSA). "This > anti-spyware legislation ensures that criminal > penalties are imposed upon those > persons who aim to harm innocent Internet users via > spyware applications," said > Robert Holleyman, president and CEO of the BSA. > > Dell (Quote, Chart), eBay (Quote, Chart)>, Microsoft > (Quote, Chart), Time > Warner (Quote, Chart), Yahoo (Quote, Chart) and > Earthlink (Quote, Chart) > endorsed the Tuesday legislation. They did so after > exemptions were added to > the bill for network monitoring for security > purposes, technical support or > repair, or the detection or prevention of fraudulent > activities. > > The bill also permits computer software providers to > interact with a user's > computer without notice and consent in order to > determine whether the computer > user is authorized to use the software upon > initialization of the software or > an update of the software. > > "Every day thousands of unsuspecting Americans have > their identities hijacked > by a new breed of cyber criminals because of > spyware. People whose identities > have been stolen can spend months or years -- and > much of their hard-earned > money -- trying to restore their good name and > credit record. This legislation > will help prevent bad things from happening to good > names," Rep. Lamar Smith > (R-Texas) said. > > > -- > Articles distributed for the purposes of education, > discussion and review. > > Archives and Subscription Updates: > http://cybercrime.theMezz.com > Guestbook: http://guestbook.theMezz.com > PGP Key: http://pgp.theMezz.com > > > > > --------------End of forwarded > message------------------------- > > > -- > |\ __ /| (`\ > | o_o |__ ) ) > // \\ > - [EMAIL PROTECTED] - Powered by FreeBSD - > ------------------------------------------------------ > "The term "daemons" is a Judeo-Christian > pejorative. > Such processes will now be known as "spiritual > guides" > - Politicaly Correct UNIX Page > > Opportunity is missed by most people because it is > dressed in overalls and > looks like work. > - Thomas Edison > > "Microsoft isn't evil, they just make really crappy > operating systems." > - Linus Torvalds > > If you want to go backwards, you put it in 'R,' > and if you want to go > forward, you put it in 'D' > -- Sen. Tom Harkin (D-IA) > > >
