The following is not meant to be legal advice.
The “Spy Act” passed the full House of Representative in each of the previous two Congresses.
Section 3(b)(1)(A) of the Spy Act (HR 964)would require notice and opt-in consent for any computer software that collects personally identifiable information, and any computer software that either sends the information to another entity or uses the information to deliver or display advertising to the computer.
“Personally identifiable information” includes items such as name, home address, e-mail address, phone number, credit card number, access code, password or account number, and date of birth. However, the term would not include the use of cookies or any other type of text or data file that solely may be read or transferred by a computer according to Section 11(4)(C) of the Spy Act.
Section 3(b)(1)(B) of the Spy Act would require notice and opt-in consent for software that collects information regarding web pages accessed using the computer and uses this information to deliver or display advertising to the computer. There is an exception for programs where the only information collected by the software is for web pages that are all within a particular web site.
Telecommunications carriers or providers of transmission capabilities are not liable under Section 3(e) to the extent that they transmit, route, host, store, or provide connections for an information collection program through a system or network controlled or operated by of for the provider.
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