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Now members of the Senate Commerce Committee are promising to avoid a repeat of last year's lapse. During a hearing Wednesday, politicians said spyware was a growing threat that required prompt action by Congress.
These are "insidious programs that install themselves on users' computers," said Sen. Barbara Boxer, D-Calif. "It's hard to use analogies with this, but it's sort of like somebody walking around your house, kind of invisibly."
Boxer acknowledged that the Federal Trade Commission already has been suing alleged spyware distributors, but said: "I think we have to do more than that. Clearly it's still going on, even though there have been lawsuits filed."
It's not clear, though, how much a new federal law can accomplish. The Can-Spam Act of 2003 hasn't exactly eliminated junk e-mail so far, and both the FTC and the Justice Department say they already have the power to investigate and punish the worst offenders. Also, no U.S. law can hope to reach offshore Web sites.
"The last major effort we made was with respect to spam, and this is a much more serious problem," said Sen. Ron Wyden, D-Ore. "With spam you can hit the delete button. With this stuff it crashes your system."
If a federal spyware measure does clear Congress this year, technology and advertising companies are hoping to ensure that it will pre-empt state laws and set a uniform national rule.
"A national platform for legitimate businesses to work from" is necessary, Trevor Hughes of the Network Advertising Initiative--a consortium of large Internet advertisers--told the Senate panel on Wednesday. "Any legislation must be focused on the behavior of spyware, and that is fraud and deception."
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- There's only one way to make it work...
- by jachamp May 12, 2005 10:15 AM PDT
- Unless Congress miraculously chooses to protect consumers over business interests, this law will not succeed.<br /><br />But if you have advertising/marketing lobbyists gutting the bill, it's pointless.<br /><br />The law needs to be clear.<br /><br />A short (one or two sentence) statement telling the user what is being installed and what it will do needs to be presented to the enduser BEFORE any part of the software package begins to download or install.<br /><br />Then once installed, the software needs to be able to remove itself and every trace of itself via normal mechanisms (the add/remove programs area in the control panel or an uninstall command). <br /><br />Finally, the enduser needs to be able to see, in plain english, exactly what data is being sent back to the mothership.<br /><br />This holds for malware, tracking gifs/web bugs/cookies, and even toolbars like ask jeeves.<br /><br />Otherwise, the law is useless.
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- READ THE BILL SUMMARY & STATUS FOR H.R.29
- by Nino Nice June 28, 2005 9:29 PM PDT
- Hey John and fellow user's.<br /><br /> I understand what your saying and how you feel about the <br />whole Government situation but in case you haven't heard. The <br />company called Intermix was just hit with a multi-million dollar <br />fine for their embedding the malware codes bundled with their <br />free software and the fine was something like 7.6 Million or <br />something like that!<br />Remember John, that before something can become big it first <br />starts out small and may take a little time.<br />But as with everybody else?<br /><br />Once they become affected by these pain in the butt spyware/<br />adware programs. Then will things move along much faster.<br />The Government is really picking up speed.<br /><br />Read The Amended (Bill Summary: H.R.29)<br />Bill Summary & Status for the 109th Congress concerning the <br />Cyber Trespass Act or Spy Act.<br /><br />Take Care<br />Nino
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