CSIA Congressional Spotlight
Congresswoman Mary Bono (R-CA)
Born: 1961 in Cleveland, Ohio
Elected: 1998
Committee Assignments: Energy and Commerce Committee; Intellectual Property Caucus, Co-founder; Congressional Entertainment Task Force; Vice-Chair; Recording Arts and Sciences Caucus; Founder and co-chair.
Within the Energy and Commerce committee, Rep. Bono sits on the following four subcommittees: Subcommittee on Health, Subcommittee on Energy and Air Quality, Subcommittee on Commerce, Trade and Consumer Protection, and the Subcommittee on the Environment and Hazardous Materials.
Education: University of Southern California, BFA, 1984
Notable: Congresswoman Bono is currently serving her fourth term in office. Elected to Congress in 1998, the Congresswoman has worked extensively to improve health care, education and the environment.
Congresswoman Bono introduced H.R. 29, "Securely Protect Yourself Against Cyber Trespass Act," (SPY Act) in January of 2005. The bill protects individuals from unknowingly downloading spyware by requiring that consumers receive a clear and conspicuous notice prior to the transmission of any spyware software. The bill additionally includes provisions to prohibit unfair or deceptive behavior such as key-stroke logging, computer high jacking, phishing and the display of advertisements that cannot be closed.
This landmark computer privacy legislation was authored by Congresswoman Mary Bono, with Congressman Ed Towns (D-NY), and championed by original co-sponsors Energy and Commerce Committee Chairman Joe Barton (R-TX), Ranking Member John D. Dingell (D-MI), Commerce, Trade and Consumer Protection Subcommittee Chairman Cliff Stearns (R-FL), and Subcommittee Ranking Member Jan Schakowsky (D-IL).
Are you Aware of Spyware?
Movie characters such as James Bond have made "spying" a profession of intrigue and entrainment on the big screen, but when it comes to your computer, spies are the last thing you want lurking around your hard-drive. Often quietly downloading themselves onto your computer without your knowledge while you are online, internet spies, or Spyware programs, can threaten the security of your personal information and place the stability of your hard-drive at risk.
Unfortunately, daily web activities by consumers have become stalking grounds for computer hackers through spyware programs. Concealed on a computer's hard drive, spyware is a software application that allows outside third parties to monitor a user's web-surfing habits, often using that information for marketing purposes. Once installed on computers, some spyware programs, like viruses, become buried among code for other programs and affect the normal functioning of the user's computer and are difficult to detect and remove. Along with threatening the stability of a hard drive, spyware programs often compromise personally identifiable information ranging from passwords and credit card account information to tax identification numbers and social security numbers.
As a mother with two teenage children, my home computer has often fallen victim to the marketed downloading of "free" programs. Unfortunately, without their notice or consent, my kids were also downloading hidden spyware programs that consumed the computer's memory, ultimately leading to a total shutdown of my PC. Knowing that I was one of many computer users who visited a computer repair shop as a result of spyware, it was clear that action was needed. While I strongly support the growth of technology and recognize that there are legitimate uses of certain spyware, I believe that Congress has a role in protecting the American consumer. In the case of spyware, it is vital that legislation be enacted that protects consumers from the most nefarious of spyware offenders as well as provides consumers with a clear choice before downloading spyware programs.
To address this situation, I introduced legislation in July of 2003 that passed overwhelmingly in the House of Representatives. Re-introduced and passed in the House in the 109th Congress, H.R. 29, the Securely Protect Yourself Against Cyber Trespass Act (SPY ACT) works to shield individuals from unknowingly downloading spyware by requiring that consumers receive a clear and conspicuous notice prior to downloading spyware software. The notice and consent requirement, in short, calls for an opt-in system. If the consumer consents to the download, the bill also requires that this program be easily removed. In addition, the bill includes provisions to prohibit unfair or deceptive behavior such as key-stroke logging, webpage high-jacking, phishing and the display of advertisements that cannot be closed.
Consumers have a right to know if their personally identifiable information is going to be collected and how that information is going to be used. It is imperative to empower consumers to protect their personal information through an opt-in system.
Businesses, individuals and the government should work together to protect consumer privacy and to minimize spyware-related disruptions so that e-commerce can achieve its full potential. I truly believe that this bill will have a positive impact on our nation's overall cybersecurity and will give the government the necessary tools to prosecute bad actors and give control back to consumers.