Anti-Spyware Legislation Enacted in California

In response to public pressure to stifle the spread of spyware, an anti-spyware bill was recently passed into law in California. The Consumer Protection Against Computer Spyware Act (Spyware Act) makes illegal several acts such as the installation of software on someone else's computer to deceptively modify settings, to collect personal information through keystroke-logging, to track web site visits, or to extract information from a hard drive. Although the aim of the Spyware Act seems admirable, privacy groups, such the Privacy Rights Clearinghouse and the World Privacy Forum, have claimed that the law is "virtually unenforceable". They say it has too many gaps and sets too high a bar to effectively prosecute offenders. Many of the complaints may be attributable to the alleged success of the spyware makers' lobbyists in convincing lawmakers to make changes to the final version of the bill. California is not the first state to pass anti-spyware legislation. An earlier anti-spyware law had been introduced in Utah, but has since been successfully challenged. In addition to state laws, two federal anti-spyware bills are pending. The House of Representatives' proposal known as the "Spy Act" provides guidelines for technology companies that distribute software capable of electronic monitoring. Penalties for violating the proposed law range up to $3 million. The other pending bill provides for additional criminal penalties. It should be noted that quite apart from this recently introduced or proposed legislation, secretly recording a person's computer keystrokes or mouse clicks is already illegal under US wiretap and consumer protection laws. For a copy of the California Protection Against Computer Spyware Act, visit: http://makeashorterlink.com/?K22F14189. For more information about the World Privacy Forum, visit: http://www.worldprivacyforum.org. For more information about the Privacy Rights Clearinghouse, see: http://www.privacyrights.org/. For more information about the issue in Utah, visit: http://www.clickz.com/news/article.php/3372291. For a copy of the proposed "Spy Act", visit: http://energycommerce.house.gov/108/Markups/06172004/amendment1.pdf. Summary by: Sue Diaz