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Senate backs spyware bill, creates private right of action
Summary
The Senate approved a fourth substitute of House Bill 323 after debate. The bill targets covert advertising/tracking software (spyware), creates a private right of action including damages and injunctive relief, and includes exceptions for ISPs and specified data types.
House Bill 323, a measure aimed at curbing spyware and certain tracking practices online, moved forward on March 2 after a floor discussion that emphasized consumer privacy concerns and carved-out exceptions.
Senator Valentine, floor sponsor, described technologies that insert ads and capture personal browsing or payment information without users’ informed consent. He summarized the fourth substitute as giving a private right of action to…
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