Terry Everett, November 2, 2004

While the Internet has greatly advanced our information-based society, its positive contributions can sometimes be offset by a jungle of potential hazards to users. For example, many Americans are not aware that their personal computers are at risk to on-line spying when they use the Internet. In fact, the problem of web spying has become so widespread that Congress is taking steps to stop it.

A recent study conducted by America Online (AOL) and the National Cyber Security Alliance (NCSA) found that 80 percent of home computers reviewed with Internet access had some form of spyware implanted on their hard drives. Over 300 home computers with both dial-up and broadband Internet connections were scrutinized. Furthermore, 90 percent of these computer owners did not know about the spyware infestations.

Not to be confused with Internet-spread computer viruses, which are also a problem for on-line users, "spyware" is a broad term describing a host of programs which can be automatically loaded onto a person's computer without their knowledge while visiting web sites. Sometimes, such spyware merely monitors the web surfing habits of Internet users. In its worst form, spyware can monitor a computer user's keystrokes and on-line activity, capturing passwords and even credit card information which, in turn, is transmitted via the Internet back to the "spy".

An increasing number of Internet service providers and software security firms are offering tools to help consumers wall off their pc's from spying. Yet, most Americans do not take advantage of these "firewall" services. The AOL/NCSA study found that 67 percent of the on-line users they polled did not have the necessary protection to keep out spyware. Many of these computer users, the study showed, did not know the difference between "firewall" spyware protection programs and anti-virus software.

Alarmed at the growth of harmful spying on the Internet, Congress is stepping up to erect legal barricades to spyware. On October 5, the U.S. House of Representatives passed the Securely Protect Yourself Against Cyber Trespass Act (Spy Act - HR 2929) by a 399 to 1 vote. I was pleased to support this legislation which protects persons from unknowingly downloading spyware by requiring that they receive a clear and conspicuous notice prior to downloading programs on the Internet, thus preventing software from being downloaded on their computer without their knowledge or permission.

The Spy Act also makes it illegal for anyone to engage in deceptive acts in connection with taking control of another person's computer, diverting a person's Internet browser without authorization, hijacking a person's computer to cause damage to other users, or inducing someone to download or remove software through misrepresentation.

The Spy Act must be passed by the U.S. Senate and signed by the President before it can be made law. As Congress acts to protect on-line users, consumers should also take action on their own to educate and arm themselves against Internet spies. The Federal Trade Commission (FTC) offers cyber security tips at http://www.ftc.gov/infosecurity/.

Congressman Terry Everett, a Republican, represents Alabama's Second Congressional District, which includes the state capitol, Montgomery.