[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4661 Introduced in House (IH)]






108th CONGRESS
  2d Session
                                H. R. 4661

 To amend title 18, United States Code, to discourage spyware, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 23, 2004

   Mr. Goodlatte (for himself, Ms. Lofgren, and Mr. Smith of Texas) 
 introduced the following bill; which was referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To amend title 18, United States Code, to discourage spyware, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Internet Spyware (I-SPY) Prevention 
Act of 2004''.

SEC. 2. PENALTIES FOR CERTAIN UNAUTHORIZED ACTIVITIES RELATING TO 
              COMPUTERS.

    (a) In General.--Chapter 47 of title 18, United States Code, is 
amended by inserting after section 1030 the following:
``Sec. 1030A Illicit indirect use of protected computers
    ``(a) Whoever intentionally accesses a protected computer without 
authorization, or exceeds authorized access to a protected computer, by 
causing a computer program or code to be copied onto the protected 
computer, and intentionally uses that program or code in furtherance of 
another Federal criminal offense shall be fined under this title or 
imprisoned 5 years, or both.
    ``(b) Whoever intentionally accesses a protected computer without 
authorization, or exceeds authorized access to a protected computer, by 
causing a computer program or code to be copied onto the protected 
computer, and by means of that program or code--
            ``(1) intentionally obtains, or transmits to another, 
        personal information with the intent to defraud or injure a 
        person or cause damage to a protected computer; or
            ``(2) intentionally impairs the security protection of the 
        protected computer;
shall be fined under this title or imprisoned not more than 2 years, or 
both.
    ``(c) No person may bring a civil action under the law of any State 
if such action is premised in whole or in part upon the defendant's 
violating this section. For the purposes of this subsection, the term 
`State' includes the District of Columbia, Puerto Rico, and any other 
territory or possession of the United States.
    ``(d) As used in this section--
            ``(1) the terms ` protected computer' and `exceeds 
        authorized access' have, respectively, the meanings given those 
        terms in section 1030; and
            ``(2) the term `personal information' means--
                    ``(A) a first and last name;
                    ``(B) a home or other physical address, including 
                street name;
                    ``(C) an electronic mail address;
                    ``(D) a telephone number;
                    ``(E) a Social Security number, tax identification 
                number, drivers licence number, passport number, or any 
                other government-issued identification number; or
                    ``(F) a credit card or bank account number or any 
                password or access code associated with a credit card 
                or bank account.''.
    (b) Conforming Amendment.--The table of sections at the beginning 
of chapter 47 of title 18, United States Code, is amended by inserting 
after the item relating to section 1030 the following new item:

``1030A. Illicit indirect use of protected computers.''.
                                 <all>