House Approves Anti-Spyware Legislation

The House of Representatives passed legislation Wednesday that further penalizes the use of spyware, but leaves out requirements for compliance by software developers.

Some lawmakers sought provisions that would have required software to clearly notify what would be installed and obtain consent. Software industry officials protested the proposed policies, which were taken out and resubmitted as a new bill that passed.

Up to a five-year jail term awaits those who use spyware to commit fraud. Offenses where a party obtains or transmits personal information for fraudulent purposes are punishable by a two-year jail term.

Bill sponsor Rep. Zoe Lofgren (D-Calif.) said the bill protects consumers "without unduly burdening technological innovation." $10 million USD will be awarded to the Department of Justice to help fight spyware and phishing scams.

Spyware is identified as software that collects information and then transmits it to another party without consent. Similar non-malicious software exists, which some feared could have been considered "spyware" in terms of the legislation.

The bill now heads to the Senate, where such legislation has had difficulty in getting approved. In past sessions when Republicans were in control, the House approved several spyware bills that never passed the Senate.