[Congressional Record Volume 151, Number 14 (Thursday, February 10, 2005)]
[Extensions of Remarks]
[Page E219]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




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

                                 ______
                                 

                           HON. BOB GOODLATTE

                              of virginia

                    in the house of representatives

                      Thursday, February 10, 2005

  Mr. GOODLATTE. Mr. Speaker, I rise today to introduce the ``Internet 
Spyware (I-SPY) Prevention Act.''
  This bipartisan legislation, which I introduced with my colleagues  
Zoe Lofgren of California and Lamar Smith of Texas, will impose tough 
criminal penalties on the most egregious purveyors of spyware, without 
imposing a broad regulatory regime on legitimate online businesses. I 
believe that this targeted approach is the best way to combat spyware.
  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.'' 
Spyware is software that provides a tool for criminals to crack into 
computers to conduct nefarious activities, such as altering a user's 
security settings, collecting personal information to steal a user's 
identity, or to commit other crimes.
  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 5 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 2 year prison sentence on anyone who uses spyware to 
intentionally break into a computer and either alter the computer's 
security settings, or obtain 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.
  Enforcement is crucial in combating spyware. The I-SPY Prevention Act 
authorizes $10 million for fiscal years 2006 through 2009, to be 
devoted to prosecutions, and expresses the sense of Congress that the 
Department of Justice should vigorously enforce the laws against 
spyware violations, as well as against online phishing scams in which 
criminals send fake e-mail messages to consumers on behalf of famous 
companies and request account information that is later used to conduct 
criminal activities.
  I believe that four overarching principles should guide the 
development of any spyware legislation. First, we must punish the bad 
actors, while protecting legitimate online companies. Second, we must 
not over-regulate, but rather encourage innovative new services and the 
growth of the Internet. Third, we must not stifle the free market. 
Fourth, we must target the behavior, not the technology.
  By imposing criminal penalties on those that use spyware to commit 
federal crimes and other dangerous activities, the I-SPY Prevention Act 
will protect consumers by punishing the bad actors, without imposing 
liability on those that act legitimately online.

  The targeted approach of the I-SPY Prevention Act also avoids 
excessive regulation and its repercussions, including the increased 
likelihood that an overly regulatory approach would have unintended 
consequences that could discourage the creation of new and exciting 
technologies and services on the Internet. By encouraging innovation, 
the I-SPY Prevention Act will help ensure that consumers have access to 
cutting-edge products and services at lower prices.
  In addition, the approach of the I-SPY Prevention Act does not 
interfere with the free market principle that a business should be free 
to react to consumer demand by providing consumers with easy access to 
the Internet's wealth of information and convenience. Increasingly, 
consumers want a seamless interaction with the Internet, and we must be 
careful to not interfere with businesses' abilities to respond to this 
consumer demand with innovative services. The I-SPY Prevention Act will 
help ensure that consumers, not the federal government, define what 
their interaction with the Internet looks like.
  Finally, by going after the criminal behavior associated with the use 
of spyware, the I-SPY Prevention Act recognizes that not all software 
is spyware and that the crime does not lie in the technology itself, 
but rather in actually using the technology for nefarious purposes. 
People commit crimes, not software.
  The I-SPY Prevention Act is a targeted approach that protects 
consumers by imposing stiff penalties on the truly bad actors, while 
protecting the ability of legitimate companies to develop new and 
exciting products and services online for consumers.
  I urge each of my colleagues to support this important legislation.

                          ____________________