Legislation would clamp down on spyware
OLYMPIA – Online pop-up advertisements and identity theft are common worries and annoyances for computer users, so common that state lawmakers are taking notice and action.
Legislation proposed by Rep. Jeff Morris, D-Anacortes, would make it illegal for software that is used to collect personal information, known as spyware, to be copied onto a computer without the user’s knowledge.
Spyware can be used as a marketing tool that secretly monitors the sites a user visits and relays that information to advertisers which can allow pop-up ads that disrupt a computer’s performance. Other times spyware is used more deceptively, stealing personal information such as credit card information, bank accounts and PIN numbers or it records keystrokes.
“My goal is to let people know what’s right when it comes to data collection and establish penalties,” said Morris.
“These data collection companies are multiplying tenfold,” said Morris. “A lot of people are unaware their data is being collected this way and when they find out they are outraged.”
Morris worked with eBay, Microsoft and other software companies on the language of the bill and said the companies are in full support of the legislation.
He said it will be difficult to prosecute offenders because they may be overseas or hard to track down because the crime is committed online. Morris added that policing within the software industry by firewall and virus protection companies will help identify spyware violators.
The penalty for the bill falls under the Consumer Protection Act, which guards against unfair business practices. This means offenders would be fined up to $2,000 per offense. However, Morris said the fine may change if the bill is altered in committee.
Spyware often comes packaged along with legitimate software so users do not know they have it on their computers. Some companies use it to monitor what employees look at online.
Most of the time, software companies disclose they are bundling spyware with their product in lengthy licensing agreements, but consumers often just click through the agreements without reading them.
“These days there’s so much to read it’s difficult to know what’s there. The question is to what degree that constitutes consent,” said John Levine, author of “The Internet for Dummies.”
Spyware has been under siege by lawmakers across the nation recently. California and Utah have anti-spyware laws in place and similar bills were introduced in Iowa, New York, Pennsylvania, Michigan and Arizona last year.
Other proposed online identity-theft legislation in Arizona deals with what’s commonly called “phishing,” which is when a user’s personal information is stolen through fake Web sites. Paypal, Washington Mutual, Citibank and other major companies have been victims of “phishing” scandals.
“Phishing and spyware each have the same goal; to extract enough of your personal information to impersonate you,” Levine said.
Morris’ bill does not address “phishing.” However, according to Morris, Rep. Toby Nixon, R-Kirkland, is drafting a bill that will deal with “phishing.”