James Sensenbrenner, May 20, 2005

If you use a computer on a daily basis, you are probably familiar with the term "spyware." Spyware refers to software that is downloaded onto one’s computer without the user’s permission or knowledge. Spyware may change computer settings, cause "pop-up" advertisements, aid criminals in collecting personal information to steal a user’s identity, or enable others to commit crimes. A recent survey by America Online and the National Cyber Security Alliance found that 80% of computers in the test group were infected by spyware and almost all of them were completely unaware of it.

This software is more than just a nuisance. By collecting information about a computer user’s activities and transmitting that information to someone else, spyware contributes to problems with identity theft. Some of you may have seen those Citicard commercials in which individuals whose identities have been stolen speak in the accent and demeanor of the person who stole their credit information. Men speak in women’s voices and vice versa. They’re quite funny -- unless you’ve been the victim of such a crime.

In addition to the threats of identity theft, spyware also has an impact on businesses. Not only can it affect a company’s productivity, but the cost to block and remove this software from employees’ computers is one often borne by businesses. Moreover, the constant computer security vulnerabilities caused by spyware raises concerns that at any time, U.S. communications and government computer systems could be exposed to cyber attacks, and potentially jeopardize our national security and economy.

In response, several states have passed spyware laws, but there is no specific federal law. To help computer users across the nation, on May 18, the House Judiciary Committee approved H.R. 744, the Internet Spyware Protection Act.

This legislation would impose criminal penalties on spyware users. Specifically, it would impose up to a 5-year prison sentence on anyone who uses software to intentionally break into a computer and uses that software in furtherance of another federal crime. It would also inflict up to a 2-year prison sentence on anyone who uses spyware to intentionally break into a computer and alter the computer’s security settings to damage it, or obtain personal information with the intent to defraud or injure the owner.

Additionally, the legislation authorizes funds to the Department of Justice to stop spyware and "phishing" scams. Phishing scams lure customers into providing bank account information, credit card numbers, and other personal information with the use of fake e-mail messages. These fake e-mail messages and websites are often identical to the real ones, and are sophisticated enough to target companies like Citibank, Amazon.Com and Yahoo!, among others, who have been recent victims of such scams.

When a student at the University of Wisconsin uses the Internet for research, or when a constituent goes online to send me an e-mail, the last thing they want is some criminal stealing their identity or damaging their computer. I believe the Internet Spyware Protection Act will go a long way toward protecting computer users in America, and I look forward to the full House considering it soon.

Congressman James Sensenbrenner, a Republican, represents the Fifth Congressional District of Wisconsin. He serves as chairman of the House Committee on the Judiciary. The Fifth District of Wisconsin forms an arc surrounding Milwaukee to the North and West, and includes parts of Jefferson, Milwaukee and Waukesha counties, and all of Ozaukee and Washington counties.