Internet Spyware (I-SPY) Prevention Act of 2005 - (Sec. 2) Amends the federal criminal code to prohibit intentionally accessing a protected computer without authorization, or exceeding authorized access, by causing a computer program or code to be copied onto the protected computer and intentionally using that program or code: (1) in furtherance of another federal criminal offense; (2) to obtain or transmit personal information (including a Social Security number or other government-issued identification number, a bank or credit card number, or an associated password or access code) with intent to defraud or injure a person or cause damage to a protected computer; or (3) to impair the security protection of that computer.
Prohibits any person from bringing a civil action under state law premised upon the defendant's violating this Act.
Provides that this Act does not prohibit any lawfully authorized investigative, protective, or intelligence activity of a law enforcement agency or a U.S. intelligence agency.
(Sec. 3) Authorizes appropriations to the Attorney General for prosecutions needed to discourage the use of spyware and the practices commonly called phishing and pharming.
(Sec. 4) Expresses the sense of Congress that the Department of Justice should vigorously prosecute those who use spyware to commit crimes and those that conduct phishing or pharming scams.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 744 Introduced in House (IH)]
109th CONGRESS
1st Session
H. R. 744
To amend title 18, United States Code, to discourage spyware, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 10, 2005
Mr. Goodlatte (for himself, Ms. Zoe Lofgren of California, Mr. Smith of
Texas, Mr. Jenkins, Mr. Hostettler, Ms. Linda T. Sanchez of California,
Mr. Nadler, Mr. Forbes, Mr. Hall, and Mr. Wolf) introduced the
following bill; which was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend title 18, United States Code, to discourage spyware, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Internet Spyware (I-SPY) Prevention
Act of 2005''.
SEC. 2. PENALTIES FOR CERTAIN UNAUTHORIZED ACTIVITIES RELATING TO
COMPUTERS.
(a) In General.--Chapter 47 of title 18, United States Code, is
amended by inserting after section 1030 the following:
``Sec. 1030A. Illicit indirect use of protected computers
``(a) Whoever intentionally accesses a protected computer without
authorization, or exceeds authorized access to a protected computer, by
causing a computer program or code to be copied onto the protected
computer, and intentionally uses that program or code in furtherance of
another Federal criminal offense shall be fined under this title or
imprisoned not more than 5 years, or both.
``(b) Whoever intentionally accesses a protected computer without
authorization, or exceeds authorized access to a protected computer, by
causing a computer program or code to be copied onto the protected
computer, and by means of that program or code--
``(1) intentionally obtains, or transmits to another,
personal information with the intent to defraud or injure a
person or cause damage to a protected computer; or
``(2) intentionally impairs the security protection of the
protected computer;
shall be fined under this title or imprisoned not more than 2 years, or
both.
``(c) No person may bring a civil action under the law of any State
if such action is premised in whole or in part upon the defendant's
violating this section. For the purposes of this subsection, the term
`State' includes the District of Columbia, Puerto Rico, and any other
territory or possession of the United States.
``(d) As used in this section--
``(1) the terms `protected computer' and `exceeds
authorized access' have, respectively, the meanings given those
terms in section 1030; and
``(2) the term `personal information' means--
``(A) a first and last name;
``(B) a home or other physical address, including
street name;
``(C) an electronic mail address;
``(D) a telephone number;
``(E) a Social Security number, tax identification
number, drivers license number, passport number, or any
other government-issued identification number; or
``(F) a credit card or bank account number or any
password or access code associated with a credit card
or bank account.
``(e) This section does not prohibit any lawfully authorized
investigative, protective, or intelligence activity of a law
enforcement agency of the United States, a State, or a political
subdivision of a State, or of an intelligence agency of the United
States.''.
(b) Conforming Amendment.--The table of sections at the beginning
of chapter 47 of title 18, United States Code, is amended by inserting
after the item relating to section 1030 the following new item:
``1030A. Illicit indirect use of protected computers.''.
SEC. 3. AUTHORIZATION OF APPROPRIATIONS.
In addition to any other sums otherwise authorized to be
appropriated for this purpose, there are authorized to be appropriated
for each of fiscal years 2006 through 2009, the sum of $10,000,000 to
the Attorney General for prosecutions needed to discourage the use of
spyware and the practice commonly called phishing.
SEC. 4. FINDINGS AND SENSE OF CONGRESS CONCERNING THE ENFORCEMENT OF
CERTAIN CYBERCRIMES.
(a) Findings.--Congress makes the following findings:
(1) Software and electronic communications are increasingly
being used by criminals to invade individuals' and businesses'
computers without authorization.
(2) Two particularly egregious types of such schemes are
the use of spyware and phishing scams.
(3) These schemes are often used to obtain personal
information, such as bank account and credit card numbers,
which can then be used as a means to commit other types of
theft.
(4) In addition to the devastating damage that these
heinous activities can inflict on individuals and businesses,
they also undermine the confidence that citizens have in using
the Internet.
(b) Sense of Congress.--Because of the serious nature of these
offenses, and the Internet's unique importance in the daily lives of
citizens and in interstate commerce, it is the sense of Congress that
the Department of Justice should use the amendments made by this Act,
and all other available tools, vigorously to prosecute those who use
spyware to commit crimes and those that conduct phishing scams.
<all>
Introduced in House
Introduced in House
Sponsor introductory remarks on measure. (CR E219)
Referred to the House Committee on the Judiciary.
Committee Consideration and Mark-up Session Held.
Ordered to be Reported by Voice Vote.
Reported by the Committee on Judiciary. H. Rept. 109-93.
Reported by the Committee on Judiciary. H. Rept. 109-93.
Placed on the Union Calendar, Calendar No. 50.
Mr. Sensenbrenner moved to suspend the rules and pass the bill, as amended.
Considered under suspension of the rules. (consideration: CR H3703-3705)
DEBATE - The House proceeded with forty minutes of debate on H.R. 744.
At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
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Considered as unfinished business. (consideration: CR H3744)
Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 395 - 1 (Roll no. 200).(text: CR H3703)
Roll Call #200 (House)On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 395 - 1 (Roll no. 200). (text: CR H3703)
Roll Call #200 (House)Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate and Read twice and referred to the Committee on the Judiciary.