Rep. Goodlatte Reintroduces Criminal Spyware Bill

February 10, 2005. Rep. Bob Goodlatte (R-VA), Rep. Zoe Lofgren (D-CA), and others, introduced HR 744, the "Internet Spyware (I-SPY) Prevention Act of 2005".

Rep. Goodlatte (at right), who is a senior member of the House Judiciary Committee, introduced a similar bill in the 108th Congress, HR 4661, titled "Internet Spyware (I-SPY) Prevention Act of 2004".

The present bill is substantially identical to the bill as approved by the full House on October 6, 2004. It makes minor technical changes, such as updating the fiscal years referenced in the section authorizing appropriations.

This bill adds a new Section 1030A to the Criminal Code titled "Illicit indirect use of protected computers". It creates three criminal prohibitions.

First, it prohibits use of spyware in furtherance of other federal crimes. It provides that "Whoever intentionally accesses a protected computer without authorization, or exceeds authorized access to a protected computer, by causing a computer program or code to be copied onto the protected computer, and intentionally uses that program or code in furtherance of another Federal criminal offense shall be fined under this title or imprisoned not more than 5 years, or both."

Second, it prohibits of spyware related theft of personal information with intent to defraud. It provides that "Whoever intentionally accesses a protected computer without authorization, or exceeds authorized access to a protected computer, by causing a computer program or code to be copied onto the protected computer, and by means of that program or code ... intentionally obtains, or transmits to another, personal information with the intent to defraud or injure a person or cause damage to a protected computer ... shall be fined under this title or imprisoned not more than 2 years, or both."

Third, it prohibits spyware related impairment of computer security features. It provides that "Whoever intentionally accesses a protected computer without authorization, or exceeds authorized access to a protected computer, by causing a computer program or code to be copied onto the protected computer, and by means of that program or code ... intentionally impairs the security protection of the protected computer ... shall be fined under this title or imprisoned not more than 2 years, or both."

This bill also precludes certain private civil litigation based upon violation of these new prohibitions. It provides that "No person may bring a civil action under the law of any State if such action is premised in whole or in part upon the defendant's violating this section."

The bill also includes an authorization for the appropriation of $10 Million for each of fiscal years 2006 through 2009 for prosecutions related to spyware and phishing.

It also exempts law enforcement, investigative, and intelligence activities of government entities. It provides that "This section does not prohibit any lawfully authorized investigative, protective, or intelligence activity of a law enforcement agency of the United States, a State, or a political subdivision of a State, or of an intelligence agency of the United States."