Spyware Control and Privacy Protection Act of 2000

Summary

Spyware Control and Privacy Protection Act of 2000 - Requires any computer software made available to the public that includes the capability to collect information about the user of such software, the hardware on which such software is used, or the manner in which such software is used, and the capability to disclose such information to any person other than the software user, to include: (1) a clear notice that such software contains such capability; (2) a description of the information subject to collection; and (3) clear electronic instructions on how to disable such capability without affecting software performance or operation. Prohibits such capability from being enabled unless the user consent in advance. Provides exceptions for any such capability reasonably needed to: (1) determine whether a user is a licensed or authorized user; (2) provide technical support for such software; or (3) enable an employer to monitor computer usage by employees within the scope of employment authorized by applicable Federal, State, or local law. Requires the protection of information collected through such exceptions. Treats each violations of such requirements and prohibition as an unfair or deceptive act or practice under the Federal Trade Commission Act. Authorizes a software provider to disclose such information to law enforcement officials or a court under a warrant or court order (requiring that the user be given notice of such request and an opportunity to contest). Requires a court issuing such an order to ensure appropriate safeguards on the use of such information. Provides a private right of action for users for enforcement of this Act. Authorizes a court, in such an action, to issue a protective order and conduct proceedings so as to protect trade secrets.

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3 official files

• Introduced in Senate (text)

  Introduced in Senate · EN · 6 October 2000

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• Introduced in Senate (PDF)

  Introduced in Senate · EN · 6 October 2000

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• Introduced in Senate

  summary · EN · 6 October 2000

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