On Wednesday, the U.S. House passed a second piece of anti-spyware legislation, known as the Spy Act. Unlike the I-Spy Act which passed the House in late May and which focuses only on ensuring criminal penalties for spyware purveyors, the Spy Act adds a layer of regulatory requirements for software vendors. The act would require websites to obtain proactive consent from users for all collections of personal information, a provision several technology companies are concerned could become overly burdensome.
StopBadware applauds lawmakers for recognizing the problem of spyware and working towards solutions. However, we are concerned that a focus on regulatory requirements may prove detrimental to innovation online. We believe the best legislative approach to protecting consumers is to focus on consumer rights to online privacy, and on criminal penalties for those who violate those rights by distributing spyware, rather than on regulations for all software producers.
