House majority leader wants spyware proposal retooled

By Mannix Porterfield
Register-Herald reporter

January 25, 2008 08:34 pm

— CHARLESTON — Spies are out there, just waiting to attack a business or personal computer, but in West Virginia, an attempt is on to deal with such high-tech invaders.
First, though, a House bill needs some retooling.
Rather than vote on it Friday, Majority Leader Joe DeLong, D-Hancock, had the measure returned to the judiciary committee, but said he expects to see it restored to the calendar in a few days.
The idea is to protect computers both in the business world and those owned by individuals from spyware.
Judiciary Chair Carrie Webster, D-Kanawha, explained after a brief floor session that some business leaders felt an electronic bulk mail measure enacted two years ago contained a provision that opened the door for Microsoft to invade computers to check licenses.
Webster called the request “reasonable” and said the intent is to strike that provision.
While the measure doesn’t specify any criminal penalties, it does provide for a civil cause of action.
“We put the electronic bulk mail provision two years ago under the consumer statute,” the chair said. “I hope that’s what we’re doing in this. If you have, for example, 100 people complaining, it might be almost unenforceable for somebody to seek a civil cause of action. It still, I think, allows a prosecutor to pursue it criminally.”
The committee’s hope is that the bill would serve as a deterrent.
“Do I expect a flood of people to be filing against some, maybe, unknown spyware company in Bangladesh?” she said. “I don’t know.
“We think it’s a step in at least addressing what has become a real problem for consumers and really businesses, these insidious viruses, or spyware that can infiltrate a computer. That’s why we’re recommending it.”
Concern voiced by businesses and individuals alike is that spyware can force a computer to either shut down or open, which, in the latter, allows for the invasive viruses.
“The business community has been concerned, rightly so, in making sure it would not preclude their ability to monitor their work product in their computers,” she said of the legislation.
“Their only concern was that the last sentence might allow Microsoft to be able to look at things within your computer they shouldn’t be able to.”