• Companies being unable to send out targeted pop-up ads, the revenues from which some companies use to provide free content to computer users.

• Spyware disclosures that would be lengthy and confusing, hurting businesses and not helping consumers. The tech group contends such disclosures will clog up the computer screen and delay software installations and updates.

• A plethora of wasteful lawsuits. One example would be if a pop-up ad covered up another ad, leaving the company with the underlying ad able to sue the pop-up advertiser or the content provider. Instant-message senders could be sued if their message blocks a Web site ad; likewise for eBay in sending auction alerts.

The reps also question how effective HB323 would be, because troublemakers would find ways to get consumers' consent on spyware activity.

"Our concern is because the bill is focused on outlawing technology as opposed to going after bad actions, this bill is going to have very serious unintended consequences that will directly affect the ability of parents to control what their kids can watch on the Internet, the ability of consumers and businesses to rely on effective antivirus and security software, and to, in fact, prevent Utah businesses from benefiting from online advertising-based activities," Bohannon said.

"This bill however misses the mark because it simply puts a big circle around certain technology that will be subject to lawsuits and inadvertently puts its arms around some technologies that are very beneficial to Utah consumers and businesses today," DelBianco said.

The reps say consumers already have an easy, quick way to stop pop-up ads by using tools on task bars, and states already have laws regarding unfair and deceptive trade practices to battle the look-alike pop-ups that try to steal sales from Web site companies.

"The states possess the power to enforce them, and they need to enforce them rather than rely upon some private right of action, some lawsuits, that target deep pockets and small businesses, leaving the bad actors unscathed," DelBianco said.

Bohannon scoffed at the idea that HB323 is a consumer-oriented bill.

"This (bill) is about getting businesses the tools to sue each other," he said. "It's not about helping those people most affected by the frustration of pop-up ads or bad consumer-protection practices. It's corporate protection, not consumer protection."

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E-mail: bwallace@desnews.com