House Passes Prison For Spyware

Two days after approving a bill to slap civil penalties on those slipping surreptitious spyware into users' computers, the U.S. House passed a criminal version promising up to five years in the calaboose for those convicted of slipping spyware into computers without user permission.

Called the Internet Spyware Prevention Act, the bill passed unanimously and gives the Justice Department the power – and $10 million – to crack down on companies and individuals alike who place spyware into computers without user permission and who try tricking users into giving up personal and financial information via emails and Web pages faked to resemble legitimate businesses and associations.

The criminal bill's sponsor, Rep. Robert Goodlatte (R-Virginia), said spyware and phishing were getting more widespread and more serious. A supporter, Rep. Zoe Lofgren (D-California), said spyware was fast enough becoming one of the biggest threats in cyberspace.

In addition to the five-year penalties for spyware, those caught using spyware to change computer security settings or steal personal information could go behind bars up to two years, under the Goodlatte bill.

For Lofgren phishing hit a little too close to home, she told reporters after the Goodlatte bill passed: her own daughter was fooled by a phishing scam. "Her thumb hit the send button and she thought, 'Oh, my goodness, what have I done!'" Lofgren said. "We had to call and cancel all the credit cards and the like. This is something that preys upon people."

On October 5, the House passed the civil version of the bill by Rep. Mary Bono (R-California), the so-called Spy Act, slapping large civil penalties on spyware purveyors. Lawmakers are expected to meld the two bills into a single proposal by the end of the year, according to several reports.