LANSING – A set of bills that would regulate and criminalize the use of Internet spyware and adware received broad support from the Michigan Senate Technology and Energy Committee on Wednesday. While the bills were voted unanimously to the Senate floor, the primary sponsor and the Internet community said the bills need some fine-tuning to ensure they’re constitutional and to accommodate Internet industries.

Sen. Cameron Brown (R-Sturgis) said the bills (SB 54, SB 54, SB 151) are a means to give Internet consumers a guarantee of privacy that spyware takes away.Spyware is computer software that covertly gathers information about a user while he/she navigates the Internet and transmits the information to an individual or company that uses it for marketing or other purposes.

Under the bills, people or companies would have to obtain permission from a computer owner to install spyware and there would be penalties for possessing spyware. The criminal charges would be either misdemeanors or felonies, depending on the prior convictions or the amount of computer interference caused by the spyware.

Brown said the bills have already been adjusted to allow Internet industries to monitor and troubleshoot with spyware for consumers “as needed” and with consumer permission. He said further changes probably would need to be made to address possible freedom of speech and interstate commerce concerns that could arise from regulating adware, or Internet advertising.

The majority of spyware and adware comes to Michigan computers from other states and countries, but Brown said his state legislation could be an effective regulator despite difficulties in enforcement.

Sen. Nancy Cassis (R-Novi) recalled anti-spam legislation as similar to the anti-spyware bills. Despite the anti-spam legislation, email and Internet spam has continued to proliferate. But Deena Bosworth with the Attorney General’s office said spyware would be easier to track down and regulate than spam. She said, with a few changes, Brown’s bills could make a difference.

The committee chair, Sen. Bruce Patterson (R-Canton) said there is the possibility of national legislation on regulating spyware, but he said it’s probably not worth waiting for Congress to act.

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