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Senate passes spyware/pop-up bill after extended debate over consent and interstate scope
Summary
The Senate approved second substitute House Bill 104, a measure aimed at pop-up/adware/spyware and consumer protections, after extended debate about consent, retroactivity and the state-level scope of regulation; sponsors say the substitute incorporates industry-reviewed language to limit constitutional exposure.
The Utah Senate debated second substitute House Bill 104, a technology-focused bill addressing pop-ups, spyware and adware, and ultimately passed it after extended floor discussion about constitutional limits, consent, and territorial application.
Sen. Bramble, sponsor on the floor, said the substitute was vetted with national Internet companies and legal counsel and that it seeks to give consumers tools to remove harmful software: "What this does... allows companies, through their software, to remove spyware that's been put on your computer without your permission," he said, adding the bill also requires testing by consumer-protection authorities and establishes an adult-content registry in related legislation. He described support from major industry actors and said the substitute incorporated recommended language.
Opponents and some questioners raised several concerns: Sen. Thomas pressed on whether the bill requires end-user consent before a service provider can remove programs from a user's computer, saying he could not find explicit consent language in the text and asked whether the expected notice would come through long user agreements. Sen. McCoy and others warned about ex post facto or retroactive application and about the difficulty of regulating Internet behavior on a state-by-state basis. Legal and practical questions included whether software installed elsewhere or under another state's rules would be subject to Utah law and whether the bill could survive dormant-commerce-clause or First Amendment challenges.
Sponsors replied that the statute applies to software installed on computers of persons who "reside" in the state and that the substitute includes prior-notice and established business-relationship limits. After debate and roll-call voting, the Senate passed the measure (the roll-call reported 24 aye votes, 2 nays, 3 absent). The bill will be returned to the House for enrollment and further action.
Floor debate captured a mix of industry support and civil-liberties concerns; the sponsor urged that the substitute resolves many earlier constitutional questions, while several senators asked for continued scrutiny at the attorney-general and implementation stages.
