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New spyware legislation a mixed bag

A comprehensive spyware bill recently cleared the House Energy & Commerce Committee’s Subcommittee on Commerce, Trade, and Consumer Protection (it flows trippingly from the tongue, no?) and is busy stirring up controversy. Dubbed the “Securely Protect Yourself Against Cyber Trespass Act” (the SPY ACT Act), H.R. 964 would limit all sorts of spyware, but it also contains several important exceptions that lead the EFF to say that “the bill would actually make things worse.” The legislation prevents a broad array of activities: spambots, botnets, adware, home page hijacking, keystroke logging, disabling antispyware or antivirus technology, and grabbing a person’s modem and dialing numbers in Antigua. The bill also requires increased notice and consent from software vendors who collect personal information.

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