The Security Mentor

It's called the "Securely Protect Yourself Against Cyber Trespass Act" (SPY ACT), and it criminalizes "transmitting" a spyware program to your computer without "consent". It's on its way to the floor of the House.

The scum who install programs to record what you type, report what web sites you visit, and to pop up ads you can't close could theoretically be prosecuted by the FTC under this legislation.

Other commentators have pointed out that the bill doesn't allow you to sue on your own behalf. Besides making you wait for the government to act, it doesn't define consent. Those endless dialog boxes that say "by clicking yes you agree to..." might get the scumbags off the hook.

What do I think? It's futile. See, it would still be legal to receive the reports that come in from spyware programs. If Peoria Scumvertising wants to spy on your computer they can simply pay N cents to overseas firm Elbonia Virusmasters for every infected machine. Then when the government investigates, Peoria Scumvertising could say "but they're just an independent contractor we paid for leads. We're shocked, shocked that they did something illegal!".

You'll still need to protect yourself vigorously even if this passes.