Spyware is any software downloaded onto a computer without its owner's consent. The software can intercept information off the computer - such as one's financial information - or install annoying pop-up ads.

House Bill 2083 would make spreading spyware programs illegal. If it passes, the attorney general, an Internet service provider or software company could file a civil action against the person and could recover at least $1,000 and up to $1 million per act.

Twelve states have laws against sending spyware and bills are being considered in many other states. Carson said the Oklahoma bill could make some think twice before sending spyware, but not enough to stop its growth.

?It curbs it a bit, but I don't think states have the manpower to go after this,? Carson said. ?It's just a continuous battle, whether it's the ISP or DSL, they're always trying to curb it.?

Sen. Clark Jolley, R-Edmond, said Internet users often don't know when spyware is being downloaded onto their hard drives while visiting a site. Jolley co-authored the bill with Rep. Guy Liebmann, R-Oklahoma City.

?Spyware,? the senator said, ?can scan everything on their computer, including private financial information such as bank and credit card accounts, social security numbers, and it can track every single Web site users visit.?

Oklahoma has no law that addresses spyware. There are laws against breaking into someone's home and taking an ax to the person's computer, Jolley said, but none against doing the same ?through a cable or phone line.?

He added the reason for this bill is to give the attorney general ?the right to sue the pants off anybody who does this on a regular basis.?

The Senate recently passed an amendment to the bill that would prohibit software and anti-spyware companies from gaining unauthorized access to computer hard drives, just as it would for hackers. Companies would require exemptions for access conditions not included in a user's license agreement.

Carson isn't sure what to think of the Senate amendment, saying, ?There's good spyware and bad spyware.? When an anti-spyware program is used and the threat analyzed by the company, he said that, in a sense, is a version of spyware.

The House and Senate have passed different versions of the bill, so it will go to conference, where members from both bodies will debate which parts of the bills to keep or delete for a final version. Jolley said he doesn't know when it will take place because the House and Senate have yet to pick their members for the conference committee.

Jolley said software companies that favored the House version may fight against the Senate amendment, whereas others believe the original version could allow major companies to infringe on individual privacy with no recourse.

?This is going to go into conference,? Liebmann said. ?We'll look at the amendment and see which way to run.?

Meanwhile, spyware continues to grow, particularly on computers with Windows operating systems. Analysts say more than 90 percent of computers are run by Windows, so that's where spyware inventors set their sights. Apple users, though, should still keep their protection updated, something Carson said many home computer users fail to do.

Of all the problems that can affect computers, Carson said more than half of calls to his company are to get rid of spyware.

?A lot of it is homes,? he said. ?They don't understand they have to have more than Norton or McAfee (antivirus protection); homes don't do their updates. Businesses get bombarded more, but they also tend to have more protection.

?You have to do your updates.?