[Congressional Record Volume 150, Number 89 (Thursday, June 24, 2004)]
[Extensions of Remarks]
[Page E1235]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




      INTRODUCTION OF THE INTERNET SPYWARE (I-SPY) PREVENTION ACT

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                           HON. BOB GOODLATTE

                              of virginia

                    in the house of representatives

                        Wednesday, June 23, 2004

  Mr. GOODLATTE. Mr. Speaker, I rise today to introduce the Internet 
Spyware (I-SPY) Prevention Act. This important legislation will punish 
those that use software to break into consumers' computers to conduct 
nefarious activities.
  Spyware is a growing and serious problem. The Federal Trade 
Commission has testified that ``Spyware appears to be a new and rapidly 
growing practice that poses a risk of serious harm to consumers.'' Not 
only does Spyware provide the tools for criminals to crack into 
computers to commit crimes, but it can also provide the means to alter 
a computer's security settings or even take over the memory of a users' 
computer in order to send spam or conduct other despicable acts.
  The I-Spy Prevention Act would impose criminal penalties on the most 
egregious behaviors associated with spyware. Specifically, this 
legislation would impose up to a five-year prison sentence on anyone 
who uses software to intentionally break into a computer and uses that 
software in furtherance of another federal crime. In addition, it would 
impose up to a two-year prison sentence on anyone who uses software to 
intentionally break into a computer and then either alters the 
computer's security settings, or obtains personal information with the 
intent to defraud or injure a person or with the intent to damage a 
computer. By imposing stiff penalties on these bad actors, this 
legislation will help deter the use of Spyware, and will thus help 
protect consumers from these aggressive attacks.
  In addition, this legislation would not interfere with the ability of 
companies to continue to develop innovative technological solutions to 
block Spyware. Any successful solution to Spyware must consist of a 
combination of tough penalties for the really bad actors and innovative 
technologies to combat Spyware. This legislation leaves the door open 
for technology to continue to combat Spyware programs.
  Mr. Speaker, criminal penalties are necessary to deter the 
proliferation of the most egregious behaviors associated with Spyware, 
and I urge each of my colleagues to support this important legislation.

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