March 06, 2005
Spyware: Pending State Legislation
Given the lack of any current federal Anti-Spyware legislation some States have pending legislation which actually empowers the consumer to take action.
This page contains summaries of all the pending legislation in the USA. California appears to lead the pack with a number of bills which we will summarize.
This bill would, with specified exceptions, authorize the recipient of spyware or software transmitted in violation of these prohibitions or the Internet service provider to bring an action to recover actual damages, and would authorize these parties to recover liquidated damages of $1,000 per violation. The bill would also provide for an award of reasonable attorney's fees and costs to a prevailing plaintiff. The bill would make the violation of the prohibitions a crime, punishable as either a misdemeanor or felony. By creating a new crime, the bill would impose a state-mandated local program.
Existing law, the Consumer Protection Against Computer Spyware Act, provides specified protections for the computers of consumers in this state against certain types of computer software. This bill would state the intent of the Legislature to enact legislation that would improve the security of the Internet.
Other pending California legislation
S.B. 96
Peer-to-Peer File Sharing Software: This bill would provide penalties for anyone who sells, advertises or distributes P2P file-sharing software, as defined, and who fails to exercise reasonable care to prevent use of such software to commit an unlawful act. It would authorize fines of up to $2,500, and/or imprisonment in county jail for up to one year.
S.B. 97
Spam Penalties: This bill would make violation of existing law prohibiting using commercial email containing certain falsified, misrepresented, obscured or misleading information punishable as either a misdemeanor or as a felony. It would authorize a fine of up to $2,500, and/or imprisonment of up to one year.
Posted by Steve_S