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Legislation takes aim at spyware
Lloyd Batzler, Washington Technology 2003-07-30

A resolution introduced in Congress would force companies to lift the cloak on

their use of spyware, a kind of software that can secretly collect information

from Internet users.

The Safeguard Against Privacy Invasions Act would require companies to inform

Internet surfers that they use spyware and get permission before the software

is installed on a hard drive.

As an independent program, spyware can track Internet browsing, examine files

on a hard drive, even monitor keystrokes, according to analysts and trade

groups.

Privacy advocates say spyware also can collect everything from passwords to

credit card numbers. While its use is allowed, disclosure often comes in the

fine print of terms of use agreements, which few casual Internet users read or

download.

The federal legislation introduced Friday "will help prevent such invasions of

privacy," Rep. Mary Bono, the California Republican who wrote the act, said in

a statement. "Through this bill, users will knowingly agree to the conditions

under which spyware operates before it is installed."

Web sites that use spyware would have to clearly post a notice about the

software and how it is to be used, and a separate note if the spyware gathers

personally identifiable information. Then users would have to grant permission

before the software could be installed.

The Federal Trade Commission would be the enforcer with the ability to levy

civil and criminal penalties.

Bono, whose district includes Palm Springs, sponsored the act with Rep.

Edolphus Towns, a Brooklyn, N.Y., Democrat.

(Updated 4:20 p.m.)

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