[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 563 Introduced in Senate (IS)]







108th CONGRESS
  1st Session
                                 S. 563

        To protect owners of computers, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 6, 2003

  Mr. Dayton introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
        To protect owners of computers, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Computer Owners' Bill of Rights''.

SEC. 2. COMPTROLLER GENERAL STUDY OF TECHNICAL SUPPORT FOR COMPUTER 
              OWNERS.

    (a) In General.--The Comptroller General of the United States shall 
carry out a study of the technical support (also known as customer 
service) provided computer owners by the computer industry.
    (b) Owner Survey.--In carrying out the study under subsection (a), 
the Comptroller General shall utilize the results of a survey of 
computer owners conducted by the Comptroller General for purposes of 
the study.
    (c) Elements of Study.--The study under subsection (a) shall--
            (1) identify the types and ranges of technical support 
        provided computer owners by the computer industry, including 
        the types and ranges of support provided by various segments of 
        the computer industry and the types and ranges of support 
        provided at various times in the life of a computer (such as 
        upon purchase and as part of on-going maintenance);
            (2) determine whether the technical support provided 
        computer owners by the computer industry is adequate to address 
        the needs of computer owners for such support, including 
        whether or not computer owners receive the support promised by 
        various segments of the computer industry; and
            (3) identify an appropriate role, if any, for the Federal 
        Government in the regulation of the provision of technical 
        support to computer owners by the computer industry in order to 
        ensure the protection of computer owners in the receipt of such 
        support.
    (d) Report.--Not later than one year after the date of the 
enactment of this Act, the Comptroller General shall submit to Congress 
a report on the study under subsection (a). The report shall--
            (1) set forth the findings and conclusions of the 
        Comptroller General as a result of the study; and
            (2) include the recommendations of the Comptroller General 
        on the appropriate role, if any, for the Federal Government in 
        the regulation of the provision of technical support to 
        computer owners by the computer industry as identified under 
        subsection (c)(3).

SEC. 3. INDUSTRY-WIDE STANDARDS FOR TECHNICAL SUPPORT FOR COMPUTER 
              OWNERS.

    (a) Standards.--Not later than 90 days after the date of the 
enactment of this Act, the Federal Trade Commission shall establish 
standards for the provision of technical support (also known as 
customer service) for computers and computer-related products by the 
entities referred to in subsection (c).
    (b) Technical Support.--For purposes of the standards required by 
subsection (a), technical support shall include the following:
            (1) Telephone support.
            (2) On-line support through the Internet.
            (3) Support manuals and related documents.
            (4) On-site support, including in-store support.
            (5) Such other support as the Commission considers 
        appropriate for coverage under the standards.
    (c) Covered Entities.--The entities covered by the standards 
required by subsection (a) in the provision of technical support shall 
include the following:
            (1) Manufacturers of computer hardware (including 
        peripherals).
            (2) Manufacturers of computer software.
            (3) Consultants and other entities that provide technical 
        support.
            (4) Computer resellers, if such resellers provide technical 
        support.
            (5) Such other entities as the Commission considers 
        appropriate for coverage under the standards.
    (d) Additional Requirements.--
            (1) Consultation.--In establishing the standards required 
        by subsection (a), the Commission shall consult with entities 
        to be covered by the standards and with such consumer 
        organizations as the Commission considers appropriate.
            (2) Separate standards based on imposition of fees.--In 
        establishing the standards, the Commission shall establish 
        separate standards for technical support provided without 
        charge and for technical support provided for a fee or on 
        another remunerative basis.

SEC. 4. COMPLIANCE WITH STANDARDS FOR TECHNICAL SUPPORT FOR COMPUTER 
              OWNERS.

    (a) Guidelines on Collection and Submission of Data on 
Compliance.--Not later than 90 days after the date of the enactment of 
this Act, the Federal Trade Commission shall issue guidelines to 
encourage each entity covered by the standards for the provision of 
technical support for computers and computer-related products 
established under section 3 to collect and submit to the Commission the 
information specified in subsection (c).
    (b) Consultation.--The Commission shall consult with appropriate 
consumer organizations in issuing the guidelines under subsection (a).
    (c) Information.--The information on technical support that is to 
be collected and submitted by an entity pursuant to the guidelines 
under subsection (a) shall include such information as the Commission 
considers appropriate to provide owners and operators of computers and 
computer-related products for which such technical support is provided 
with the nature and quality of such technical support, including 
customer satisfaction with such technical support.
    (d) Presentation of Information.--
            (1) In general.--The guidelines under subsection (a) shall 
        specify the manner of the presentation of information submitted 
        pursuant to the guidelines under subsection (a), including the 
        aggregation, disaggregation, or averaging of information, and 
        any other manner of presentation of information that the 
        Commission considers appropriate.
            (2) Separate information on each basis of support.--The 
        guidelines shall provide that separate information be collected 
        and submitted under subsection (c) on each basis of technical 
        support provided by each entity submitting information pursuant 
        to the guidelines.
    (e) Frequency of Submittal.--The guidelines under subsection (a) 
shall provide for the submittal of information pursuant to the 
guidelines on a quarterly basis.
    (f) Publication.--The Commission shall make available to the 
public, in a form considered appropriate by the Commission, the 
information submitted to the Commission pursuant to the guidelines 
under subsection (a). The Commission shall make such information public 
in both printed and Internet form.

SEC. 5. PROTECTION FROM UNSOLICITED MARKETING E-MAIL.

    (a) In General.--The Federal Trade Commission shall establish a 
registry in which any person or entity that does not seek to receive 
unsolicited marketing e-mail (commonly referred to as ``spam'') to a 
computer may register the e-mail address or addresses of such computer 
for that purpose.
    (b) Registration.--The Commission shall permit the registration, 
including registration by e-mail, of any computer on the registry 
established under subsection (a).
    (c) Availability of Registry to Public.--The Commission shall make 
available to the public the information on the registry established 
under subsection (a).
    (d) Prohibition on Unsolicited Marketing E-Mail to Registered 
Computers.--Except as otherwise authorized by the Commission in 
regulations prescribed under this section, no person or entity may send 
or otherwise submit to any computer whose e-mail address is registered 
on the registry established under subsection (a) unsolicited marketing 
e-mail.
    (e) Civil Penalty.--The Commission may impose a civil penalty not 
to exceed $10,000 for each violation of subsection (d). For purposes of 
this subsection, each day of violation shall constitute a separate 
offense.
    (f) Enforcement Powers.--
            (1) In general.--The Commission shall enforce subsection 
        (d) utilizing the powers and authorities available to the 
        Commission under the Federal Trade Commission Act (15 U.S.C. 41 
        et seq.).
            (2) Reporting of violations.--For purposes of the 
        enforcement of the subsection (d), the Commission shall 
        establish mechanisms to permit the reporting of violations of 
        such sections to the Commission, including appropriate links on 
        the Internet web site of the Commission and the use of a toll-
        free telephone number (commonly referred to as an ``800 
        number'') for such purposes.
                                 <all>