INFORMATION SECURITY LAW

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INFORMATION SECURITY LAW
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Spyware - Definition

• FTC Proposed Definition
• Software that aids in gathering information
  about a person or organization without their
  knowledge and which may send such information to
  another entity without the consumers consent, or
  asserts control over a computer without the
  consumers knowledge

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Utah Law

• Spyware" means software residing on a computer
  that
• (a) monitors the computer's usage
• (b) (i) sends information about the computer's
  usage to a remote computer or server or (ii)
  displays or causes to be displayed an
  advertisement in response to the computer's usage
  if the advertisement does not

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• and (c) does not (i) obtain the consent of the
  user, at the time of, or after installation of
  the software but before the software does any of
  the actions described in Subsection (4)(b) .
• and (ii) provide a method (A) by which a user
  may quickly and easily disable and remove the
  software from the user's computer (B) that does
  not have other effects on the non-affiliated
  parts of the user's computer and (C) that uses
  obvious, standard, usual, and ordinary methods
  for removal of computer

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Spyware

• State legislation California and Utah
• Proposed federal legislation
• Spy Block Act
• I-Spy Act
• Spy Act

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Spy Block Act S. 2145

• Covers many types of spyware, e.g., pop-up adware
  (excludes cookies)
• Prohibits Unauthorized Installation of Computer
  Software
• Sets forth notice, consent, and uninstall
  requirements
• FTC given authority along with the states to
  enforce itne

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Spy Block Act S. 2145

• Software cannot be installed on a computer unless
  
• The user has received notice
• The user has granted consent
• The software satisfies the uninstall requirements
  of the law

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Spy Act HR 2929

• Contains a list of prohibited deceptive acts or
  practices relating to spyware
• Prohibits the collection of certain personal
  information without notice and consent (governs
  information collection programs)
• FTC would have exclusive jurisdiction state law
  genrally preempted

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I Spy Act HR 4661

• Amends CFAA to prohibit unauthorized access to a
  protected computer by causing a computer program
  or code to be copied onto a protected computer,
  and
• intentionally uses that program or code in
  furtherance of another Federal criminal offense
  or
• by means of that program or code-- (1)
  intentionally obtains, or transmits to another,
  personal information with the intent to defraud
  or injure a person or cause damage to a protected
  computer or (2) intentionally impairs the
  security protection of the protected computer