I 108th CONGRESS 2d Session H. R. 4661 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.

1.

Short title

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

2.

Penalties for certain unauthorized activities relating to computers

(a)

In general

Chapter 47 of title 18, is amended by inserting after section 1030 the following:

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, is amended by inserting after the item relating to section 1030 the following new item: 1030A. Illicit indirect use of protected computers.