Spyware and Keylogging Now Felonies

According to InformationWeek, Congress passed a bill this week would make it a felony to use spyware or keystroke loggers to damage ten or more computers.

The U.S. House of Representatives approved H.R. 5938, an amendment that expands the ability of the federal government to prosecute identity theft crimes and allows victims to obtain restitution for the time and money they spend trying to restore their credit. The legislation, which must be signed by President George W. Bush, allows a fine and up to five years imprisonment for spyware.

This closes a gap in existing identity theft laws that only allowed federal prosecution if the perpetrator used interstate or foreign communications to access a computer, except in cases involving federal government computers or financial institutions. If the President signs the bill into law, federal prosecutors would be able to pursue cases in which the computers of the perpetrator and victim are in the same jurisdiction.