Summary
Enhanced Consumer Protection Against Spyware Act of 2005 - Expresses the sense of Congress that: (1) combating spyware should be established as a matter of high priority for Federal Trade Commission (FTC) action; and (2) the resources and tools available to the FTC should be enhanced and expanded to increase the breadth and strength of the FTC's spyware enforcement efforts.
Declares that it is a violation of the Federal Trade Commission Act (FTCA) to install through deceptive acts or practices software on protected computers.
Subjects such practices to: (1) enforcement as a proscribed unfair or deceptive act or practice; (2) triple the penalty amounts prescribed in the FTCA; and (3) FTC authority to order disgorgement and seizure of ill-gotten gains.
Preempts state and local law or remedies.
Denies a private right of action in either federal or state court.
Authorizes state Attorneys General to bring enforcement actions in federal court. Prohibits state Attorneys General from bringing an action under this Act if either the U.S. Attorney General or the FTC institutes an enforcement action.
Specifies federal and state law enforcement, investigatory, national security, and regulatory activities exempt from liability under this Act.
Extends the meaning of unfair or deceptive acts or practices subject to FTC enforcement to any such acts or practices involving foreign commerce that cause or are likely to cause reasonably foreseeable injury, or involve material conduct occurring, within the United States.
Amends the federal criminal code to prescribe criminal penalties for illicit indirect use of protected computers.
Lifecycle of the Bill
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