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For Immediate Release
11/17/05
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Senate Commerce Committee Approves SPY BLOCK Act
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Washington, D.C. – The U.S. Senate Committee on Commerce, Science, and Transportation today reported S. 687, the Software Principles Yielding Better Levels of Consumer Knowledge Act or the “SPY BLOCK Act,” by unanimous consent. The bill would outlaw a number of activities that are associated with spyware and strengthen the Federal Trade Commission (FTC)’s enforcement authority.
At today’s markup, Senator Conrad Burns (R-Mont.), who introduced the original bill, offered a substitute amendment which was co-sponsored by Senators Barbara Boxer (D-Calif) and Bill Nelson (D-Fla.). The substitute passed 14-8.
The legislation as amended addresses computer hijacking, loss of computer control, adware that conceals its operation, and the collection of personal information. S. 687 strikes a balance between protecting consumers without unduly restraining legitimate e-commerce, which is a growing sector of the economy.
“I am pleased that the Committee today supported Senator Burns’ efforts to address the growing problem of invasive spyware that is infecting millions of computers across the nation,” said Chairman Ted Stevens (R-Alaska). “I look forward to continuing to work with Senator Burns and other Members of the Committee to perfect this legislation before it reaches the Senate floor.”
The SPY BLOCK Act targets three main consumer harms: taking control of a user’s computer, software that triggers advertising out of context with the use of the computer, and undisclosed collection of personal information.
The bill identifies a series of unfair and deceptive practices, which include computer hijacking, spam zombies, endless loop pop-up advertisements, and fraudulent and false installation. In addition, the SPY BLOCK Act outlaws modem hijacking, which allows spyware companies to charge overseas phone calls to victims, and denial of service attacks, which coordinate computers to attack government and other webpages.
The substitute prohibits personal information collection when the collection is not “clearly and conspicuously disclosed” or advertised as part of the software’s purpose. If sensitive personal information, such as social security numbers or account numbers, is being collected, then a notice and consent regime is required. In addition, users must be able to uninstall any software that collects personal information.
The bill also strengthens FTC enforcement and gives both the FTC and state attorneys general the authority to enforce provisions of the SPY BLOCK Act. Additionally, it creates a new section in the criminal code establishing criminal penalties for the unauthorized copying of software to a protected computer.
The Committee also adopted an amendment offered by Senator John Sununu (R-N.H.) which amends the Federal Trade Commission Act to increase civil penalties for violations involving unfair or deceptive acts or practices that exploit popular reaction to an emergency or major disaster.
The bill now moves to the full Senate for its consideration.
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18th - |
Commerce Committee Announces Witnesses for DTV Transition Hearing
- WASHINGTON, D.C. – The Senate Committee on Commerce, Science, and Transportation announces the witnesses for the Full Committee hearing on Oversight of the DTV Transition: Countdown to February 2009, scheduled for Tuesday, September 23, 2008, at 2:30 p.m. The full witness list is below.
With February 17, 2009 less than five months away, the Committee will assess the Federal Communication...
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18th - |
Commerce Committee Announces Witnesses for U.S.-Korea Automobile Trade Imbalance Hearing
- WASHINGTON, D.C. – The Senate Committee on Commerce, Science, and Transportation announces the witnesses for the upcoming Interstate Commerce, Trade, and Tourism Subcommittee hearing on The Imbalance in U.S.-Korea Automobile Trade, scheduled for September 24, 2008, at 10:00 a.m. A full witness list is below.
The hearing will examine the reasons for the imbalance in U.S.-Korea bilateral ...
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17th - |
Commerce Committee to Examine Consumer Privacy Issues Related to Broadband Service Providers
- WASHINGTON, D.C. – The Senate Committee on Commerce, Science, and Transportation announces a Full Committee hearing on Broadband Providers and Consumer Privacy, scheduled for Thursday, September 25, 2008, at 10:00 a.m.
The Committee will examine broadband provider practices with respect to consumer privacy.
Broadband Providers and Consumer PrivacyFull CommitteeDate: Thursday, Septemb...
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16th - |
Inouye Calls for Immediate Passage of S.1492, the Broadband Data Improvement Act
- WASHINGTON, D.C. – Commerce Committee Chairman Daniel K. Inouye (D-Hawaii) delivered the following statement at today’s hearing on why broadband matters.
“In our hearing today we explore why broadband matters. Broadband matters because broadband communications have become the great economic engine of our time. Broadband deployment drives opportunities for business, education, ...
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16th - |
Commerce Committee Announces Witnesses for Bus Safety Hearing
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12th - |
Commerce Committee to Hear Testimony from Corporation for Public Broadcasting Nominees
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12th - |
Commerce Committee to Review Progress of DTV Transition with FCC, NTIA
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12th - |
Commerce Committee Announces Witnesses for Hearing on Consumer Benefits of Broadband
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11th - |
Commerce Committee Releases MARAD Bill Financial Disclosure Certification
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WASHINGTON, D.C. – The Senate Committee on Commerce, Science, and Transportation today filed its report on S. 2997, the Maritime Administration Act for Fiscal Year 2009. In accordance with Senate Rule XLIV, the Committee provides the attached financial disclosure certification.
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11th - |
Commerce Committee Cancels Hearing to Examine Marine Protected Areas
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9th - |
Commerce Committee to Hold Hearing on Consumer Benefits of Broadband
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8th - |
Commerce Committee to Examine Marine Protected Areas
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8th - |
Commerce Committee Announces Witnesses for Prepaid Calling Card Hearing
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