[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7176 Introduced in House (IH)]







110th CONGRESS
  2d Session
                                H. R. 7176

To prohibit the installation on a computer of certain ``peer-to-peer'' 
  file sharing software without first providing notice and obtaining 
       consent from the owner or authorized user of the computer.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 27, 2008

   Mrs. Bono Mack (for herself, Mr. Barrow, and Mr. Barton of Texas) 
 introduced the following bill; which was referred to the Committee on 
                          Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
To prohibit the installation on a computer of certain ``peer-to-peer'' 
  file sharing software without first providing notice and obtaining 
       consent from the owner or authorized user of the computer.

    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 ``Informed P2P User Act''.

SEC. 2. CONDUCT PROHIBITED.

    (a) Improper Installation Without Notice and Consent.--It is 
unlawful for any person who is not the owner or authorized user of a 
protected computer to cause or induce the owner or authorized user of 
the protected computer to install any component of a peer-to-peer file 
sharing program that intentionally obtains files on the protected 
computer, or makes such files available to another computer without 
first providing clear and conspicuous notice that such program obtains 
files on the protected computer, or makes such files available to 
another computer, and obtaining the informed consent to the 
installation of such program for such activities from the owner or 
authorized user of the protected computer.
    (b) Preventing the Disabling or Removal of Certain Software.--It is 
unlawful for any person who is not the owner or authorized user of a 
protected computer to prevent reasonable efforts by such owner or 
authorized user to--
            (1) block the installation of a peer-to-peer file sharing 
        program that intentionally obtains files on the protected 
        computer, or makes such files available to another computer; or
            (2) disable or remove any peer-to-peer file sharing program 
        that intentionally obtains files on the protected computer, or 
        makes such files available to another computer.

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)).
    (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.

SEC. 4. DEFINITIONS.

    As used in this Act--
            (1) the term ``protected computer'' has the meaning given 
        such term in section 1030(e)(2) of title 18, United States 
        Code; and
            (2) the term ``peer-to-peer file sharing program'' means 
        computer software that allows the computer on which such 
        software is installed--
                    (A) to designate files available for transmission 
                to another computer;
                    (B) to transmit files directly to another computer; 
                and
                    (C) to request the transmission of files from 
                another computer.
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