Cassell to introduce anti-spyware legislation

For immediate release:  Tuesday, July 11, 2006

CONTACT:  John Kohlstrand at (614) 466-9036

Cassell to introduce anti-spyware legislation 

State Representative Tim Cassell, D-Madison, announced today he is drafting legislation to prohibit unsolicited “spyware” from being placed on Ohioans’ personal and business computers. 

Cassell‘s legislation, “The Anti-Spyware Consumer Protection Act,” would ban both unsolicited advertising generated by spyware and unauthorized remote access to computers. The bill would empower the attorney general to go after wrongdoers and establish criminal penalties for vendors who violate the prohibition. 

“When a crook invades your home, the law is clear,” Cassell said. “But, every day, innocent consumers are victimized when their computers are invaded by insidious software. This is a growing problem that needs to be addressed.”

Spyware is software that is secretly installed on computer owners’ hard drives without their knowledge, tracking users’ habits and clogging up and slowing down computer operation.

Some forms of spyware generate unwanted “pop up ads,” frequently from pornographic Web sites. Others steal personal information by tracking keystrokes or by installing backdoors on systems that leave them open to hackers.

“Spyware is subjecting children to vulgar, crude advertising. It’s placing an unfair burden on business owners by slowing down computers. And it’s even exposing families to the risk of identity theft,” Cassell said.

Last year, more than 28 states were considering anti-spyware proposals and at least 12 have been enacted. But spyware is not addressed by Ohio law, leaving consumers vulnerable to unscrupulous individuals and companies. 

Cassell said his proposal – modeled after an Arkansas law –would empower victims to contact the attorney general’s office for help. Fines from successful prosecutions would be returned to the attorney general to fund future anti-spyware investigations, he said.

The issue is personal for Cassell. He said his laptop computer is now infected with spyware that demands his credit card number and a payment in return for temporary relief from the software’s pop up ads. A computer savvy friend has been unable to remove the bug, he said.

“That’s when I realized I wasn’t alone,” Cassell said. “Right now, citizens have no where to turn when they are the victim of spyware. Hopefully, this bill will change that.”

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