Securely Protect Yourself Against Cyber Trespass Act
Mr. Speaker, I rise in strong support of H.R. 964, the Securely Protect Yourself Against Cyber Trespass Act. When the gentleman from New York and I first introduced the spyware bill in 2003, few people knew what spyware was or how…
Mr. Speaker, I rise in strong support of H.R. 964, the Securely Protect Yourself Against Cyber Trespass Act.
When the gentleman from New York and I first introduced the spyware bill in 2003, few people knew what spyware was or how problematic it could be to American citizens; and since that time the online threat of spyware remains. According to a recent Consumer Report survey, spyware and viruses cost American computer users nearly $8 billion over a 2- year period.
Historically, spyware legislation in this House has received strong bipartisan support. Our initial bill in the 108th Congress passed 399- 1; and in the 109th Congress, our spyware bill again received overwhelming bipartisan support, garnering over 60 cosponsors and passing the House 393-4.
Mr. Speaker, this Congress, H.R. 964, the Securely Protect Yourself Against Cyber Trespass Act, or SPY Act, has again garnered wide bipartisan support with 41 cosponsors.
Because of the Internet's role in interstate commerce, the need for Federal spyware legislation is clear. We cannot expect online companies to function efficiently when they are faced with a patchwork of State anti-spyware statutes. There needs to be legal uniformity.
Additionally, I remain a strong proponent of anti-spyware legislation because I believe consumers should have the final say about what plants itself on their computer, not a third party with potentially conflicting interests. The SPY Act accomplishes this by prohibiting commonly known, unfair or deceptive acts relating to spyware.
H.R. 964 also prohibits the collection of personal information from a computer without notice and consent before the first execution of any information collection program. The bill also requires that the user is able to easily remove or disable the spyware.
I also understand there are instances where spyware can be useful. H.R. 964 exempts action taken by law enforcement and national security pursuant to warrant, court order or other lawful process, or actions taken in good faith with the user's consent. H.R. 964 also protects the developers of anti-spyware software from the threat of serious lawsuits.
Simply stated, this bill works to restore privacy on the home computer, which has become the control center for our business transactions as well as as our personal interactions.
Mr. Speaker, my colleague from New York and I began this effort in 2003; and I thank the gentleman, Ed Towns, for all of his efforts and for being such a terrific partner in this process. Again, since that time, this effort has received the bipartisan support of the House. It is my hope that the 110th Congress will continue to act in a bipartisan way that passes this legislation.
I ask for the support of my colleagues and hope that once again we can take back our computers so the consumer owns their computer, not a third party. Let's pass the SPY Act, H.R. 984.