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SPYWARE
2004 Priority Issue

Staff Contact:

Issue:

Senator Balboni has introduced S.7141, which deals with banning the dissemination of spyware. We have already received comments from our membership which state that the bill 1) is overly broad and could jeopardize on line commerce 2) does not provide for an exemption for "session cookies" 3) requires duplicative notices to computer users who download software from the Internet, due to the fact that software packages contain many programs. This issue is currently being considered and by the Federal Trade Commission. The Business Council believes that this is best left to the Federal Government, as no one state acting on its own can properly address this issue.

Status:
8/12/04

S.7141 passed Senate on 6/17/04
A.11531A in the Assembly Codes committee

6/22/04 The amended version of this bill passed the Senate on June 17, 2004. The bill has been introduced as A.11531-A(Morelle) in the Assembly.  Assemblyman Morelle has indicated that he is aware of the concerns with this legislation and that he does not plan on moving the bill at this time.