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This section is about changes proposed to a bill or resolution. It mentions members such as Ronald Lee Wyden.
Issued
June 23, 2026
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Download official Senate Record PDFReturn to issue contextSA 5936. Mr. WYDEN (for himself and Mrs. Blackburn) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. . STOP FOREIGN SPYWARE ACT.
(a) Short Title.—This section may be cited as the “Stop
Foreign Spyware Act”.
(b) Amendments.—Section 1030 of title 18, United States
Code, is amended—
(1) by striking “(g) Any” and inserting the following:
“(g)(1) In General.—Any”; and
(2) by inserting after subsection (g)(1), as so
redesignated by paragraph (1), the following:
“(2) Foreign Persons Using Spyware.—
“(A) Definitions.—In this paragraph:
“(i) Commercial spyware.—The term `commercial spyware'
means spyware that is furnished for commercial purposes.
“(ii) Foreign person.—The term `foreign person' means a
non-United States person (as defined in section 2523) located
outside the United States; and
“(iii) Spyware.—The term `spyware' has the meaning given
that term in section 1102A(a)(5) of the National Security Act
of 1947 (50 U.S.C. 3232a(a)(5)), including the end-to-end
systems described in subparagraphs (A) through (D) of that
section.
“(B) Venue.—A civil action described in paragraph (1)
against a foreign person and in which the alleged violations
occurred via the use of commercial spyware, may be instituted
in the district court of the United States for any district
where—
“(i) any plaintiff resides;
“(ii) any defendant resides, is subject to service, or has
an agent; or
“(iii) a person or entity resides, has its principal place
of business, or has its place of incorporation (as
applicable), if the access or use of such person or entity's
hardware, software, servers, or services gave rise to the
alleged violation of this section.
“(C) Convenience of the forum.—The district court shall
not dismiss a civil action described in subparagraph (B) on
the grounds of the inconvenience or inappropriateness of the
forum chosen.
“(D) Consent to personal jurisdiction.—For a civil action
described in subparagraph (B), a foreign person defendant
shall be deemed to have consented to personal jurisdiction in
such civil action if the defendant—
“(i) carried out, enabled, or directed the use of
commercial spyware that accesses or uses any person or
entity's hardware, software, servers, or services, where such
person or entity resides, has its principal place of
business, or has its place of incorporation (as applicable),
or such hardware, software, servers, or services are located,
in the United States; or
“(ii) developed, furnished, sold, licensed, approved the
sale or license of, or has an ownership stake in, commercial
spyware that accesses or uses any person or entity's
hardware, software, servers, or services, where such person
or entity resides, has its principal place of business, or
has its place of incorporation (as applicable), or such
hardware, software, servers, or services are located, in the
United States .
“(E) Rule of construction.—This paragraph shall be
liberally construed to carry out the purpose of Congress to
provide relief for persons targeted by foreign commercial
spyware, consistent with the United States' national security
and foreign policy interests in countering the
counterintelligence threats posed by foreign commercial
spyware.”.
(c) Applicability.—This section, and the amendments made
by this section, shall apply to any pending case or any cause
of action arising on or after the date that is 4 years before
the date of enactment of this Act.