3.0.0 1004 2023-01-13T04:47:46Z 2023-01-13T04:47:46Z Senate S S 2005-05-11 109 sscm00 Commerce, Science, and Transportation Committee Senate Standing Referred to 2005-05-11T22:43:47Z 2005-05-11 sscm00 Commerce, Science, and Transportation Committee Senate Read twice and referred to the Committee on Commerce, Science, and Transportation. IntroReferral 2005-05-11 Introduced in Senate IntroReferral 10000 9 Library of Congress A000121 Sen. Allen, George [R-VA] GEORGE ALLEN R VA F. N S001142 Sen. Smith, Gordon H. [R-OR] GORDON SMITH R OR H. 2005-05-11 True E000194 Sen. Ensign, John [R-NV] JOHN ENSIGN R NV 2005-05-11 True S001078 Sen. Sununu, John E. [R-NH] John Sununu R NH E. 2005-07-11 False E000285 Sen. Enzi, Michael B. [R-WY] MICHAEL ENZI R WY B. 2005-09-07 False D000595 Sen. DeMint, Jim [R-SC] James DeMint R SC W. 2005-10-26 False Commerce Civil actions and liability Compensation for victims of crime Computer crimes Computer programming Computer security measures Computer software Consumer protection Crime and Law Enforcement Federal Trade Commission Federal preemption Fines (Penalties) Foreign Trade and International Finance Forfeiture Government Operations and Politics Independent regulatory commissions Injunctions Internet Law Local laws Parties to actions Restrictive trade practices Science, Technology, Communications State laws Commerce 00 2005-05-11 Introduced in Senate 2005-06-27T15:22:45Z Enhanced Consumer Protection Against Spyware Act of 2005 - Expresses the sense of Congress that: (1) combating spyware should be established as a matter of high priority for Federal Trade Commission (FTC) action; and (2) the resources and tools available to the FTC should be enhanced and expanded to increase the breadth and strength of the FTC's spyware enforcement efforts.

Declares that it is a violation of the Federal Trade Commission Act (FTCA) to install through deceptive acts or practices software on protected computers.

Subjects such practices to: (1) enforcement as a proscribed unfair or deceptive act or practice; (2) triple the penalty amounts prescribed in the FTCA; and (3) FTC authority to order disgorgement and seizure of ill-gotten gains.

Preempts state and local law or remedies.

Denies a private right of action in either federal or state court.

Authorizes state Attorneys General to bring enforcement actions in federal court. Prohibits state Attorneys General from bringing an action under this Act if either the U.S. Attorney General or the FTC institutes an enforcement action.

Specifies federal and state law enforcement, investigatory, national security, and regulatory activities exempt from liability under this Act.

Extends the meaning of unfair or deceptive acts or practices subject to FTC enforcement to any such acts or practices involving foreign commerce that cause or are likely to cause reasonably foreseeable injury, or involve material conduct occurring, within the United States.

Amends the federal criminal code to prescribe criminal penalties for illicit indirect use of protected computers.

]]> Enhanced Consumer Protection Against Spyware Act of 2005 Display Title Enhanced Consumer Protection Against Spyware Act of 2005 Official Title as Introduced A bill to provide the Federal Trade Commission with the resources necessary to protect users of the Internet from the unfair and deceptive acts and practices associated with spyware, and for other purposes. Introduced in Senate IS Short Titles as Introduced Enhanced Consumer Protection Against Spyware Act of 2005 Popular Titles Spyware Internet Protection bill 9 Library of Congress Introduced in Senate 2005-05-11T04:00:00Z https://www.govinfo.gov/content/pkg/BILLS-109s1004is/xml/BILLS-109s1004is.xml 2005-05-11 Read twice and referred to the Committee on Commerce, Science, and Transportation. text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Congressional Research Service, Library of Congress This file contains bill summaries and statuses for federal legislation. A bill summary describes the most significant provisions of a piece of legislation and details the effects the legislative text may have on current law and federal programs. Bill summaries are authored by the Congressional Research Service (CRS) of the Library of Congress. As stated in Public Law 91-510 (2 USC 166 (d)(6)), one of the duties of CRS is "to prepare summaries and digests of bills and resolutions of a public general nature introduced in the Senate or House of Representatives". For more information, refer to the User Guide that accompanies this file.