Summary: H.R.29 — 109th Congress (2005-2006)All Information (Except Text)

Bill summaries are authored by CRS.

Shown Here:
Passed House amended (05/23/2005)

Securely Protect Yourself Against Cyber Trespass Act or Spy Act - Makes it unlawful for any person who is not the owner or authorized user (user) of a protected computer (a computer exclusively for the use of a financial institution or the U.S. Government, or a computer used in interstate or foreign commerce or communication) to engage in unfair or deceptive acts or practices in connection with specified conduct, including: (1) taking unsolicited control of the computer; (2) modifying computer settings; (3) collecting personally identifiable information; (4) inducing the owner or authorized user to disclose personally identifiable information; (5) inducing the unsolicited installation of computer software; and (6) removing or disabling a security, anti-spyware, or anti-virus technology.

Makes it unlawful for a person to: (1) transmit to a protected computer any information collection program (a program that collects personally identifiable information and uses the information to send advertising), unless such program provides notice required by this Act before execution of any of the program's collection functions; or (2) execute any collection information program installed on a protected computer unless, before execution, the user has consented to such execution under notice requirements of this Act. Provides an exception with respect to Web pages visited within a particular website when the information collected is sent only to the provider of the website accessed.

Provides for enforcement of violations as unfair or deceptive acts or practices.

Makes this Act inapplicable with respect to: (1) law enforcement actions; (2) monitoring undertaken for network security; and (3) Good Samaritan actions (actions taken in good faith, and with the user's consent, by a computer software or service provider to remove or disable a program which violates this Act).

Directs the Federal Trade Commission (FTC) to report to Congress: (1) annually on enforcement actions taken under this Act; (2) regarding the use of computer tracking cookies in the delivery or display of advertising to computer owners and users; and (3) concerning information collection programs installed before the effective date of this Act.

Makes this Act: (1) effective 12 months after its enactment; and (2) inapplicable after December 31, 2011.