Delaware General Assembly

Senate Judiciary 5/12/05

The General Assembly has ended, the current status is the final status.

5/12/05

McBride

Rep. Roy

AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO A COMPUTER SPYWARE PROTECTION ACT.

Spyware is a catch-all term for computer programs that can track computer users’ movements online. There are hundreds of programs that range from innocuous ‘ad-ware,’ which generates pop-up advertisements, to more dangerous programs that can record a user’s keystrokes to gather personal information such as credit card numbers and passwords without their knowledge and forward this information to another entity without the consumer’s consent. Spyware is a serious problem that can create substantial privacy risks, increase the risk of identity theft, and cause serious degradation to personal and business computers that can cost millions of dollars in lost productivity and the purchase of anti-spyware software. This Act prohibits the installation, transmission, and use of computer software that collects personally identifiable information, and authorizes the Attorney General to bring a civil action against anyone who violates any provision of this act and seek damages ranging from $1,000 to $1 million.

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Takes effect upon being signed into law

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