Devoted to Corporate Attorneys, Corporate Lawyers, and Corporate Counsel

The following is not meant to be legal advice.

Representatives Edolphus Towns (D-NY) and Mary Bono (R-CA) introduced H.R. 964, the “Securely Protect Yourself Against Cyber Trespass Act (the Spy Act)” on February 8, 2007. The Spy Act would be enforced by the Federal Trade Commission (FTC) under the Federal Trade Commission Act.   The Spy Act preserves the ability of State Attorneys General to enforce their mini-FTC Acts and consumer protection laws against spyware.

Spyware is malicious software that installs itself on a computer via the Internet.  Adware tracks an individual’s web surfing or online shopping, allowing marketers to send that person unsolicited ads.  Once spyware accesses an individual’s computer, it may also allow a third party to harvest that individual’s personal information.  It may be secretly bundled with free software available for download from Internet sites that offer music sharing, videos, weather data, games, and screen savers. 

The Spy Act has 33 sponsors currently, and prohibits all of the commonly known unfair or deceptive acts and practices relating to spyware, and the collection of personal information from a computer without notice and consent.