The I-SPY Act takes a different approach to the problem of spyware: it would extend federal criminal penalties under the Computer Fraud and Abuse Act (133) to "illicit indirect use of protected computers." (134) The Department of Justice, rather than the FTC, would enforce the Act.
(140) Like the SPY ACT, it contains a list of "prohibited behaviors." (141) However, the Act also contains criminal penalties that mirror those of the I-SPY Act. (142) Like the SPY ACT, parts of the Counter Spy Act would be enforced primarily by the FTC.
(155) CEOs of the Business Software Alliance (BSA) also seem to support the bills, albeit hesitantly; for example, BSA President Robert Holleyman said that both the SPY ACT and I-SPY Act have "good elements." (156)
(174) Thus, the best approach is for the Senate to continue to refine and ultimately pass the Counter Spy Act, which would hopefully garner support in the House from those who backed both the SPY ACT and the I-SPY Act. With this combination of enhanced criminal penalties and a national standard of disclosure requirements and prohibited behaviors, the spyware threat can be diminished significantly, although constant updates may be necessary as technology advances.
(136.) Compare I-SPY Act, supra note 13, [section] 2(a) with SPY ACT, supra note 13, [section] 2(a).
(137.) See I-SPY Act, supra note 13, [section] 2(a) ("Whoever intentionally accesses a protected computer without authorization ...