S. 1004 · 109th Congress
Spyware Internet Protection bill
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Never voted on. It didn't reach a floor vote before the 109th Congress ended, so it expired. A bill has to be introduced again to be considered in a new Congress.
R
AllenSponsor5 cosponsors · 5 R
2 signed on when it was introduced; the rest joined later. Cosponsors who withdrew aren't shown.
Enhanced Consumer Protection Against Spyware Act of 2005 - Expresses the sense of Congress that: (1) combating spyware should be established as a matter of high priority for Federal Trade Commission (FTC) action; and (2) the resources and tools available to the FTC should be enhanced and expanded to increase the breadth and strength of the FTC's spyware…
What it does: CRS summary · Introduced in Senate · May 11, 2005
Enhanced Consumer Protection Against Spyware Act of 2005 - Expresses the sense of Congress that: (1) combating spyware should be established as a matter of high priority for Federal Trade Commission (FTC) action; and (2) the resources and tools available to the FTC should be enhanced and expanded to increase the breadth and strength of the FTC's spyware enforcement efforts.
Declares that it is a violation of the Federal Trade Commission Act (FTCA) to install through deceptive acts or practices software on protected computers.
Subjects such practices to: (1) enforcement as a proscribed unfair or deceptive act or practice; (2) triple the penalty amounts prescribed in the FTCA; and (3) FTC authority to order disgorgement and seizure of ill-gotten gains.
Preempts state and local law or remedies.
Denies a private right of action in either federal or state court.
Authorizes state Attorneys General to bring enforcement actions in federal court. Prohibits state Attorneys General from bringing an action under this Act if either the U.S. Attorney General or the FTC institutes an enforcement action.
Specifies federal and state law enforcement, investigatory, national security, and regulatory activities exempt from liability under this Act.
Extends the meaning of unfair or deceptive acts or practices subject to FTC enforcement to any such acts or practices involving foreign commerce that cause or are likely to cause reasonably foreseeable injury, or involve material conduct occurring, within the United States.
Amends the federal criminal code to prescribe criminal penalties for illicit indirect use of protected computers.
Written by the nonpartisan Congressional Research Service. All summary versions on Congress.gov
About this bill and sources
Official title: Enhanced Consumer Protection Against Spyware Act of 2005
Latest action (May 11, 2005): Read twice and referred to the Committee on Commerce, Science, and Transportation.
Policy area: Commerce · Origin: Senate · Introduced: May 11, 2005
Official page on Congress.gov · Bill text (GovInfo) · Status record (XML) · Embed in your story
No recorded floor vote found.