2005 Senate Bill 151

Ban surreptitious “spyware”

Introduced in the Senate

Feb. 2, 2005

Introduced by Sen. Cameron Brown (R-16)

To prohibit and provide civil remedies for installing spyware onto another person's computer without consent. Action could be brought by a computer user, an Internet Web site owner, an authorized advertiser, or a copyright or trademark owner. Penalties would be the greater of actual damages, or $10,000 per violation. "Spyware" is a program that surreptitiously monitors a person's use of a computer, including where they go on the web, and transmits that information to an advertiser or other person. Note: Senate Bills 53 and 54 establish criminal penalties.

Referred to the Committee on Technology and Energy

Feb. 22, 2005

Reported without amendment

With the recommendation that the substitute (S-1) be adopted and that the bill then pass.

March 8, 2005

Substitute offered

To replace the previous version of the bill with one that clarifies that a violation must be intentional.

The substitute passed by voice vote

March 9, 2005

Amendment offered by Sen. Gilda Jacobs (D-14)

To prohibit an employer from monitoring employee use of a work computer unless a monitoring policy is established and disclosed to employees.

The amendment failed 15 to 22 (details)

Amendment offered by Sen. Liz Brater (D-18)

To tie-bar the bill to Senate Bill 284, meaning this bill cannot become law unless that one does also. SB 284 would prohibit an employer from monitoring employee communications in the workplace unless a monitoring policy is established and disclosed to employees.

The amendment failed by voice vote

Passed in the Senate 37 to 0 (details)

To prohibit and provide civil remedies for intentionally installing spyware onto another person's computer without consent. Action could be brought by a computer user, an Internet Web site owner, an authorized advertiser, or a copyright or trademark owner. Penalties would be the greater of actual damages, or $10,000 per violation. "Spyware" is a program that surreptitiously monitors a person's use of a computer, including where they go on the web, and transmits that information to an advertiser or other person. Note: Senate Bills 53 and 54 establish criminal penalties.

Received in the House

March 9, 2005

Referred to the Committee on Judiciary