A letter sent to my two Senators (Kerry and Kennedy) indicating my opposition to the “SPY Act” in its current form. The concept of tougher legislation to combat “spyware” and “badware” / “malware” is an important one. But if we create loopholes for certain large corporations (I’m looking at you Sony and RIAA) then the Bill is next to useless.
My Letter (With Help from the Electronic Frontier Foundation (EFF))
Thank you for your kind attention. In cooperation with the Electronic Frontier Foundation, I am writing you as a constituent concerned about Internet users’ privacy and security. I urge you to oppose H.R. 964, the Securely Protect Yourself Against Cyber Trespass Act (”SPY Act”). The SPY Act is supposed to help stop spyware, deceptive adware, and other malicious software, but it could actually turn “badware” into an even worse problem and block enforcement of good laws that are already on the books.
This bill would limit consumers like me from fighting back in the courts to stop badware, Consumers themselves wouldn’t be able to avail themselves of consumer protection laws or other state statutes, and public interest organizations couldn’t file lawsuits on their behalf for acts covered by this bill.
This is a terrible move. If Congress is serious about enacting tough laws against deceptive and malicious programs, it should create incentives that would encourage private citizens to pursue the bad guys. The federal government and state attorneys general can’t possibly take on the entire job alone. Congress should also focus on protecting badware removal tool companies from harassing lawsuits brought by spyware and adware vendors.
The bill also preempts state badware laws without adding any meaningful federal tools for enforcement. Both the Federal Trade Commission and Department of Justice have said that they already have the authority they need to go after badware vendors. This bill doesn’t significantly enlarge the scope of what they can go after.
Badware is a real problem, but H.R. 964 isn’t the solution. Please oppose the SPY Act, go back to the drawing board, and come up with better legislation for this problem.
