Enacts the "consumer protection against computer spyware act"

BILL NUMBER:S3230

Title of bill

An act to amend the general business law, in relation to enacting the "consumer protection against computer spyware act"

Purpose

This bill seeks to protect the privacy of computer users by banning the dissemination of computer spyware.

Summary of specific provisions

This bill would amend the General Busi- ness Law to prohibit:

* An unauthorized user from, using deceptive means, modifying a comput- ers settings, collecting personally identifiable information, removing anti-spyware or anti-virus software or misrepresenting software that is being installed on a computer; or

* An unauthorized user from copying or causing to be copied into a computer through deceptive means, software that takes over a computer by using it to transmit a multiple spam email messages, opening multiple stand-alone "pop-ups" or using the computer to cause damage to another computer; or

* Modifying, through deceptive means, security settings that protect personal information,-settings that block reasonable efforts to block or uninstall computer software;

* Inducing an authorized user to install software claiming it is neces- sary for computer security.

This bill would further authorize the Attorney General to bring a civil action against anyone who violates the provisions of this bill to recover $500 for each violation and $100,000 for a pattern of violations

Justification

Computer users often download information from the internet without truly understanding what function the programs will have.

Many times computer users will encounter the opportunity to download a computer program from the internet that they believe will give them an innocuous program that will help them organize their lives or provide them additional security features. Sometimes however, it is not known by the computer user what other functions the program will actually have. Unbeknownst to the computer user these seemingly harmless computer programs may also send information to a third party such as a marketing firm, or worse a person who wishes to commit identity theft.

This legislation seeks to hold those who deceive computer users into installing software that significantly alters computer function and security.

One of the large growing problems for personal computer users and busi- nesses is the threat of spyware.

It is estimated that 25% of business computers have been infected with spyware and 65%. of businesses plan to spend money on protecting their computer network according to Forrester research.

This bill seeks to begin to address this growing problem.

Legislative history

2011-12: S.3374 - Referred to Consumer Protection 2009-2010: S.4716 - Died in Consumer Protection 2007-2008: S.3655 - Referred to Codes Committee. 2005-2006: S.186C - Passed Senate in 2005, Died in Assembly; Died in Senate Rules in 2006.

Fiscal implications

None Noted.

Effective date

This act shall take effect 90 days after it shall have become a law.