Spyware

It's NOT Web Analytics

A hot topic now, Spyware is wreaking havoc and being discussed earnestly around the globe. Trouble is: everyone defines it differently.

DAA wants your involvement to help ensure that web analytics technology is not lumped into conversations about Spyware. We need to build consensus and develop language that will help legislatures not "throw the baby out with the bath water" when developing legislation which restricts or criminalizes Spyware.

In an effort to generate discussion and interaction between our members, we offer the following informative resources about Spyware.

Initiatives and Issues:

Current News

Preliminary Injunction Order [PDF]
Jan. 5, 2005

House Again Shoots For Spyware Law
Jan. 7, 2005 Rep. Mary Bono (R-Calif.) reintroduced her anti-Spyware bill as the 109th Congress convened earlier this week.

Current Federal and State Legislation

Arizona AZ Hb 2414 [PDF]
(Paton) appears to be modeled in part after the California law except it includes a damages section. The A.G. may bring action to recover actual damages and/or $1000 per violation – with a million dollar per incident cap. Court may treble damages for willful and knowing violations. If the defendant shows that it tried not to violate the law the court can reduce the damages to a maximum of $100 per violation with a cap at $100,000 per incident. H.B. 2414 is now with the Rules committee.

California SB1436
Read the text of the bill that prohibits a person or entity other than the authorized user of a computer owned by a person in California from causing computer software to be copied onto a computer.

California SB 92 [PDF]
Read the text regarding allowing action to recover actual damages.

Nebraska NB LB 316 [PDF]
Read the text on consumer protection against spyware.

New York NY A 549 [PDF]
Read the text regarding amending the penal code to establish the crime of unlawful use of spyware and malware.

Oregon OR HB 2302 [PDF]
Read the full text on prohibiting persons from installing or causing installation of Spyware on computer. Creates exceptions. Makes violation of prohibition unlawful trade practice.

Utah HB 32
Read the text of a bill enacts provisions within the Commerce and Trade Code relating to certain uses of Spyware.

Virginia VA HB 2315 [PDF]
Read the full text on a bill to amend and reenact specific Code of Virginia relating to the redefinition and modernization of terms and streamlining the laws governing computer crimes and penalties.

Proposed Legislation

House Spyware Bill HR29
A reintroduced anti-Spyware bill threatens online advertisers' and publishers' widespread use of cookies, ad executives say. If enacted into law in its current form, bill HR 29 could result in plummeting publisher CPMs and an end to frequency capping and behavioral targeting.