The legal system and politicians are still casting about looking for a way to understand the place the Internet will play in society, and our collective responsibilities while using it. The decisions they make may be profound, profane, or both. My posts are observations only, not legal advice. Under the ethics rules of the Bar of the State of New Mexico, these posts are a "Lawyer Advertisement." Please let me know if it is successful advertising.

Monday, January 02, 2006

Spyware – More Restrictive of Two “anti-spyware” Bills Passes Senate Committee

Sen. Conrad Burns’ bill entitled the “SPYBLOCK Act” has been voted out of the Senate Commerce Committee. This bill would impose penalties of up to $3 million for violations of its provisions. It also requires permission prior to downloading software, and prohibits, in some forms, pop-ups. Any software downloaded would not be able to collect “sensitive” information, such as social security numbers. A complementary Act, sponsored by Mary Bono, has already passed the House. This bill, and others like it, is important because of the definitional details it contains. Bills such as this one, tend to be leveraged by subsequent legislation. As a result, it is important to ensure that your business activities do not fall within the definitions, and as the Internet becomes further regulated become subject to significant regulation. Bill Status and Text

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