NEWS RELEASE

Committee on Energy and Commerce
Rep. John D. Dingell, Chairman

Subcommittee on Commerce, Trade and Consumer Protection Completes Markup on “Spy Act”, H.R. 964

Act Created to Protect Consumers from Invasive Internet Programs;
Is Subcommittee’s First Markup of the 110th Congress

Washington, D.C. - Today, the Subcommittee on Commerce, Trade and Consumer Protection approved H.R. 964, the “Securely Protect Yourself Against Cyber Trespass Act”, by voice vote in its first bill markup of the 110th Congress. The bill, also known as the Spy Act, is designed to protect consumers from harmful and intrusive programs known as “spyware” that can harvest personal data, damage computer software and disrupt Web usage.

“As technology advances, it is imperative that the government remain aware and ahead of potentially damaging uses of that technology. Protecting Internet users from dangerous programs that steal consumers’ identities, invade their software or just plain harass them is a top priority,” said Rep. John D. Dingell (D-MI), Chairman of the Committee on Energy and Commerce.

If passed, the Spy Act will shield Internet users from under-the-radar spyware programs that can secretly invade their computers and monitor their online activity. Some of these programs steal personally identifiable information, such as addresses, telephone numbers or even credit card account information. Other programs send repeated intrusive and aggressive advertisements, require consumers to download software or redirect users to Web pages against their will.

“An informed consumer is a powerful consumer. Too often, the average citizen is unaware of the litany of scams and con-jobs that infest the marketplace. We must stop the scourge of identity theft and related abuse. The Spy Act is a pivotal first step,” said Rep. Bobby Rush (D-IL), Chairman of the Subcommittee on Commerce, Trade and Consumer Protection. “Data breaches continue at a rapid pace and constitute a major threat to consumers. Next month the subcommittee will examine the astonishing breach at TJX to key up this issue. We must pass comprehensive data security legislation this year.”

The Spy Act would require software distributors and advertisers to clearly notify and require consent from consumers of the programs and applications they download from the Internet. Offenders could be assessed a substantial monetary fine up to $3 million for each unfair or deceptive spyware act or practice and up to $1 million for each violation regarding the collection of personal information without notice and consent.

The Spy Act will be marked up by the full committee in the next month.

- 30 -