On Thursday, the anti-spyware bill--which has twice passed the U.S. House of Representatives only to be rejected by the Senate--got its third hearing in the House Subcommittee on Commerce, Trade and Consumer Protection.

The unwanted programs, in addition to stealing a victim's data, could also make an innocent PC user appear guilty of a crime. In Connecticut, a substitute teacher has been found guilty of four counts of risk of injury to a minor after her classroom PC started displaying pornographic pop-up ads. A forensic investigator working for the defense found that the computer had been significantly compromised by spyware programs, and security researchers have criticized the prosecution for not adequately investigating the digital evidence. The teacher is scheduled to be sentenced at the end of March.

The bill, whose full title is the "Securely Protect Yourself Against Cyber Trespass Act," would prohibit any software that takes control of a computer, modifies registry settings, logs keystrokes, or collects other data through misrepresentation. The legislation would also require that any program that collects information first get consent from the computer's user. The bill would levy stiff civil penalties against those responsible for programs that hijack a user's computer or collects data without adequate authorization.

Congress needs to give consumer's better protections against unsavory practices of spyware vendors, Rep. Bobby L. Rush (D-Ill.), chairman of the House Subcommittee on Commerce, Trade and Consumer Protection, said in a statement.

"At worst, spyware can lead to the unwanted exposure of offensive Web content to unsuspecting individuals, particularly children," Rush said. "It can also lead to outright fraud resulting in significant financial damages. At best, spyware is simply nasty stuff that clogs computers, slows down processing power, and is costly to remove."

Spyware is likely the most prevalent online threat, infecting more than half of all consumers' PCs, according to a study published by AOL and National Cyber Security Alliance in December 2005. Moreover, a single spyware program frequently acts as a beachhead, installing other spyware or adware programs on a victim's PC.

Read this full article at Security Focus

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