HR 29 109th Congress House

Spy Act

Official title: To protect users of the Internet from unknowing transmission of their personally identifiable information through spyware programs, and for other purposes.

Introduced: February 1, 2005 See on congress.gov

Science, Technology, Communications Administrative procedureAdvertisingCivil Rights and Liberties, Minority IssuesCivil actions and liability

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CommerceComputer crimesComputer hackersComputer industryComputer networksComputer security measuresComputer softwareCongressCongressional reporting requirementsConsumer educationConsumer protectionCrime and Law EnforcementElectronic commerceEvidence (Law)Federal Trade CommissionFederal preemptionFines (Penalties)FraudGood samaritan lawsGovernment Operations and PoliticsIdentification devicesIndependent regulatory commissionsInteractive mediaInternetLabelingLawRestrictive trade practicesRight of privacyState lawsSunset legislationTelecommunication industryWeb sites

Everywhere this bill has been 20 steps

Introduced

In committee

Reported out

Passed House

Passed Senate

To President

Became law

May 24, 2005

Received in the Senate and Read twice and referred to the Committee on Commerce, Science, and Transportation.

May 23, 2005

On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 393 - 4 (Roll no. 201). (text: CR H3705-3708)

May 23, 2005

Motion to reconsider laid on the table Agreed to without objection.

May 23, 2005

Considered as unfinished business. (consideration: CR H3744-3745)

May 23, 2005

At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.

May 23, 2005

DEBATE - The House proceeded with forty minutes of debate on H.R. 29.

May 23, 2005

Considered under suspension of the rules. (consideration: CR H3705-3712)

May 23, 2005

Mr. Barton (TX) moved to suspend the rules and pass the bill, as amended.

Apr 12, 2005

Placed on the Union Calendar, Calendar No. 15.

Apr 12, 2005

Reported (Amended) by the Committee on Energy and Commerce. H. Rept. 109-32.

Mar 9, 2005

Ordered to be Reported (Amended) by the Yeas and Nays: 43 - 0.

Mar 9, 2005

Committee Consideration and Mark-up Session Held.

Feb 16, 2005

Subcommittee Hearings Held.

Feb 16, 2005

Committee Consideration and Mark-up Session Held.

Feb 4, 2005

Forwarded by Subcommittee to Full Committee (Amended) by Voice Vote.

Feb 4, 2005

Subcommittee Consideration and Mark-up Session Held.

Feb 4, 2005

Referred to the Subcommittee on Commerce, Trade and Consumer Protection.

Jan 26, 2005

Committee Hearings Held.

Jan 4, 2005

Referred to the House Committee on Energy and Commerce.

Jan 4, 2005

Introduced in House

Votes taken on this bill 1

Date	Chamber	What was voted on	Result	Yes–No
May 23, 2005	House · vote #201	On Motion to Suspend the Rules and Pass, as Amended	Passed	393–4	See who voted →

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Latest action May 24, 2005

Received in the Senate and Read twice and referred to the Committee on Commerce, Science, and Transportation.

Plain-English summary Congressional Research Service

Securely Protect Yourself Against Cyber Trespass Act or Spy Act - Makes it unlawful for any person who is not the owner or authorized user (user) of a protected computer (a computer exclusively for the use of a financial institution or the U.S. Government, or a computer used in interstate or foreign commerce or communication) to engage in unfair or deceptive acts or practices in connection with specified conduct, including: (1) taking unsolicited control of the computer; (2) modifying computer settings; (3) collecting personally identifiable information; (4) inducing the owner or authorized user to disclose personally identifiable information; (5) inducing the unsolicited installation of computer software; and (6) removing or disabling a security, anti-spyware, or anti-virus technology.

Makes it unlawful for a person to: (1) transmit to a protected computer any information collection program (a program that collects personally identifiable information and uses the information to send advertising), unless such program provides notice required by this Act before execution of any of the program's collection functions; or (2) execute any collection information program installed on a protected computer unless, before execution, the user has consented to such execution under notice requirements of this Act. Provides an exception with respect to Web pages visited within a particular website when the information collected is sent only to the provider of the website accessed.

Provides for enforcement of violations as unfair or deceptive acts or practices.

Makes this Act inapplicable with respect to: (1) law enforcement actions; (2) monitoring undertaken for network security; and (3) Good Samaritan actions (actions taken in good faith, and with the user's consent, by a computer software or service provider to remove or disable a program which violates this Act).

Directs the Federal Trade Commission (FTC) to report to Congress: (1) annually on enforcement actions taken under this Act; (2) regarding the use of computer tracking cookies in the delivery or display of advertising to computer owners and users; and (3) concerning information collection programs installed before the effective date of this Act.

Makes this Act: (1) effective 12 months after its enactment; and (2) inapplicable after December 31, 2011.

Bill text 4 versions