HR 1319 IHRFSCommentsClose CommentsPermalink

Received; read twice and referred to the Committee on Energy and Commerce

To prevent the inadvertent disclosure of information on a computer through the use of certain ‘peer-to-peer’ file sharing softwareprograms without first providing notice and obtaining consent from thean owner or authorized user of the computer.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Informed P2P User Act’.CommentsClose CommentsPermalink

SEC. 2. CONDUCT PROHIBITED.

(a) Improper Disclosure of Personal Information Without Notice and Consent Required for File-sharing Software-CommentsClose CommentsPermalink





(1) NOTICE AND CONSENT REQUIRED PRIOR TO INSTALLATION- It is unlawful for any person who is not an owner or authorized user of a protected computer to cause or induce an owner or authorized user of the protected computer tocovered entity to install on a protected computer or offer or make files from a protected computer available to another computer through a peer-to-peer file sharing program withoutavailable for installation or download on a protected computer a covered file-sharing program unless such program--CommentsClose CommentsPermalink





(1A) immediately prior to the installation or downloading of such program--CommentsClose CommentsPermalink





(A) providingi) provides clear and conspicuous notice that such program allows files on the protected computer to be made available for searching and copying by another computer; and(B) obtainingby and copying to one or more other computers; andCommentsClose CommentsPermalink





(ii) obtains the informed consent to the installation of such program from an owner or authorized user of the protected computer; andCommentsClose CommentsPermalink





(2B) immediately prior to initial activation of a file -sharing function of such program--CommentsClose CommentsPermalink





(A) providingi) provides clear and conspicuous notice of which files on the protected computer are to be made available for searching by and copying to another computer; andCommentsClose CommentsPermalink





(B) obtainingii) obtains the informed consent from an owner or authorized user of the protected computer for such files to be made available for searching and copying to another computer.CommentsClose CommentsPermalink





(2) NON-APPLICATION TO PRE-INSTALLED SOFTWARE- Nothing in paragraph (1)(A) shall apply to the installation of a covered file-sharing program on a computer prior to the first sale of such computer to an end user, provided that notice is provided to the end user who first purchases the computer that such a program has been installed on the computer.CommentsClose CommentsPermalink





(3) NON-APPLICATION TO SOFTWARE UPGRADES- Once the notice and consent requirements of paragraphs (1)(A) and (1)(B) have been satisfied with respect to the installation or initial activation of a covered file-sharing program on a protected computer after the effective date of this Act, the notice and consent requirements of paragraphs (1)(A) and (1)(B) do not apply to the installation or initial activation of software modifications or upgrades to a covered file-sharing program installed on that protected computer at the time of the software modifications or upgrades so long as those software modifications or upgrades do not--CommentsClose CommentsPermalink





(A) make files on the protected computer available for searching by and copying to one or more other computers that were not already made available by the covered file-sharing program for searching by and copying to one or more other computers; orCommentsClose CommentsPermalink





(B) add to the types or locations of files that can be made available by the covered file-sharing program for searching by and copying to one or more other computers.CommentsClose CommentsPermalink





(b) Preventing the Disabling or Removal of Certain Software- It is unlawful for any person who is not an owner or authorized user of a protected computercovered entity--CommentsClose CommentsPermalink





(1) to prevent the reasonable efforts of an owner or authorized user of a protected computer from blocking the installation of a peer-to-peer file covered file-sharing program or file-sharing program or function thereof; orCommentsClose CommentsPermalink





(2) to fail to provide a reasonable and effectivprevent an owner or authorized user of a protected computer from having a reasonable means to disable or remove from the protected computer any peer-to-peer file either--CommentsClose CommentsPermalink





(A) disable from the protected computer any covered file-sharing program or function thereof that the person; orCommentsClose CommentsPermalink





(B) remove from the protected computer any covered file-sharing program that the covered entity caused to be installed on that computer or induced another personindividual to install.CommentsClose CommentsPermalink

SEC. 3. ENFORCEMENT.

(a) Unfair and Deceptive Acts and Practices- A violation of section 2 shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)).CommentsClose CommentsPermalink





(b) Federal Trade Commission Enforcement- The Federal Trade Commission shall enforce this Act in the same manner, by the same means, and with the same jurisdiction as though all applicable terms and provisions of the Federal Trade Commission Act were incorporated into and made a part of this Act.CommentsClose CommentsPermalink





(c) Preservation of Federal and State Authority- Nothing in this Act shall be construed to limit or supersede any other Federal or State law.CommentsClose CommentsPermalink

SEC. 4. DEFINITIONS.

As used in this Act--CommentsClose CommentsPermalink





(1) the term ‘commercial entity’ means an entity engaged in acts or practices in or affecting commerce, as such term is defined in section 4 of the Federal Trade Commission Act (15 U.S.C. 44);CommentsClose CommentsPermalink





(2) the term ‘covered entity’ means--CommentsClose CommentsPermalink





(A) a commercial entity that develops a covered file-sharing program; andCommentsClose CommentsPermalink





(B) a commercial entity that disseminates or distributes a covered file-sharing program and is owned or operated by the commercial entity that developed the covered file-sharing program;CommentsClose CommentsPermalink





(3) the term ‘protected computer’ has the meaning given such term in section 1030(e)(2) of title 18, United States Code; andCommentsClose CommentsPermalink





(24) the term ‘peer-to-peer file covered file-sharing program’means computer software that allows the computer on which such software--CommentsClose CommentsPermalink





(A) means a program, application, or software that is installedcommercially marketed or distributed to the public and that enables--CommentsClose CommentsPermalink





(A) to designate filei) a file or files on the protected computer on which such program is installed to be designated as available for transmission tosearching by and copying to one or more other computers owned by another computer;(B) to transmit files directly toperson;CommentsClose CommentsPermalink





(ii) the searching of files on the protected computer on which such program is installed and the copying of any such file to a computer owned by another computer; and(C) to request the transmission ofperson--CommentsClose CommentsPermalink





(I) at the initiative of such other computer and without requiring any action by an owner or authorized user of the protected computer on which such program is installed; andCommentsClose CommentsPermalink





(II) without requiring an owner or authorized user of the protected computer on which such program is installed to have selected or designated a computer owned by another person as the recipient of any such file; andCommentsClose CommentsPermalink





(iii) the protected computer on which such program is installed to search files on one or more other computers owned by another person using the same or a compatible program, application, or software, and to copy files from another computerthe other computer to such protected computer; andCommentsClose CommentsPermalink





(B) does not include a program, application, or software designed primarily to--CommentsClose CommentsPermalink





(i) operate as a server that is accessible over the Internet using the Internet Domain Name system;CommentsClose CommentsPermalink





(ii) transmit or receive email messages, instant messaging, real-time audio or video communications, or real-time voice communications; orCommentsClose CommentsPermalink





(iii) provide network or computer security, network management, hosting and backup services, maintenance, diagnostics, technical support or repair, or to detect or prevent fraudulent activities; andCommentsClose CommentsPermalink





(5) the term ‘initial activation of a file-sharing function’ means--CommentsClose CommentsPermalink





(A) the first time the file sharing function of a covered file-sharing program is activated on a protected computer; andCommentsClose CommentsPermalink





(B) does not include subsequent uses of the program on that protected computer.CommentsClose CommentsPermalink

Clerk.CommentsClose CommentsPermalink