[Congressional Record Volume 150, Number 23 (Friday, February 27, 2004)]
[Senate]
[Pages S1892-S1895]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. LAUTENBERG (for himself and Mr. Corzine):
S. 2142. A bill to authorize appropriations for the New Jersey
Coastal Heritage Trail Route, and for other purposes; to the Committee
on Energy and Natural Resources.
Mr. LAUTENBERG. Mr. President, I rise to introduce legislation to
reauthorize the New Jersey Coastal Heritage Trail Route on behalf of
myself and Senator Corzine. This bill makes a number of important
changes to legislation that was enacted in 1988 and reauthorized in
1994 and 1999.
The original legislation, which I co-sponsored, called for a route
that links nationally significant natural and cultural sites associated
with the coastal area of New Jersey. The New Jersey Coastal Heritage
Trail runs south for nearly 300 miles from Perth Amboy along the
Atlantic Ocean to Cape May, then west along the Delaware Bay to the
Delaware Memorial Bridge. Along the way are sites like the Barnegat Bay
Decoy and Baymen's Museum, the Cape May Migratory Bird Refuge, and the
Sandy Hook Unit of the Gateway National Recreation Area.
Five theme trails, of which three are open, are planned to showcase
different aspects of New Jersey coastal life: maritime history, coastal
habitats, wildlife migration, historic settlements, and relaxation/
inspiration. The Trail is operated by a partnership that includes the
National Park Service, the State of New Jersey, local communities, and
private non-profit organizations. Fifty percent of the funding for the
Trail is provided from non-federal funds.
My legislation raises the funding authorization for the New Jersey
Coastal Heritage Trail to $8 million, doubling the current
authorization of $4 million. The legislation also: extends the deadline
for project completion by 5 years to May 4, 2009; allows funds to be
used for grants in addition to technical assistance; and requires the
National Park Service to prepare a strategic plan for the long-term
maintenance of this coastal route. A companion bill, H.R. 3070, has
been introduced in the House by Congressman LoBiondo, with
cosponsorship by the entire New Jersey delegation.
New Jersey has a long shoreline of which we are extremely proud. This
bill will provide the necessary resources and strategic planning to
ensure that the New Jersey Coastal Heritage Trail fulfills its promise
to the people of my home State and to visitors from around the world.
The additional funding authorized in this bill will support: 1.
Creation of a long-term strategic plan on the roles of the National
Park Service and other Trail partners; 2. Development of two remaining
theme trails (historic settlements and relaxation/inspiration); 3.
Development of interpretive media such as videos, brochures and
exhibits; 4. Technical assistance for the State park system, wildlife
management, and historic and cultural sites; 5. Construction of a New
Jersey State Park Service facility on the trail at Double Trouble State
Park in the Barnegat Bay Region; 6. Continuing work on a welcome center
at Sandy Hook; and 7. Construction of a welcome center in the Absecon
region.
I urge my colleagues to support this legislation, which is needed to
assure that funding for this valuable undertaking will continue to be
authorized after May 2004.
I ask unanimous consent that the text of the bill be printed in the
Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 2142
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. NEW JERSEY COASTAL HERITAGE TRAIL ROUTE.
(a) Authorization of Appropriations.--Section 6 of Public
Law 100-515 (16 U.S.C. 1244 note) is amended--
(1) in subsection (b)(1), by striking ``$4,000,000'' and
inserting ``$8,000,000''; and
(2) in subsection (c), by striking ``10'' and inserting
``15''.
(b) Grants.--Public Law 100-515 (16 U.S.C. 1244 note) is
amended--
(1) in section 4, by inserting ``and, subject to the
availability of appropriations, grants for,'' after
``technical assistance in''; and
(2) in section 6(b)(2) by inserting ``and grants'' after
``technical assistance''.
(c) Strategic Plan.--Public Law 100-515 (16 U.S.C. 1244
note) is amended by adding at the end the following:
``SEC. 8. STRATEGIC PLAN.
``(a) In General--Not later than 4 years after the date of
the enactment of this section, the Secretary shall prepare a
strategic plan for the route.
``(b) Contents.--The strategic plan prepared under
subsection (a) shall describe--
``(1) opportunities to increase participation by national
and local private and public interests in the planning,
development, and administration of the route; and
``(2) organizational options for sustaining the route.''.
______
By Mr. DURBIN:
S. 2143. A bill to extend trade adjustment assistance to service
workers; to the Committee on Finance.
Mr. DURBIN. Mr. President, today, I am introducing the Service
Workers Fairness Act to provide aid for American workers facing a
disturbing new trend: the offshore outsourcing of service jobs.
Congress first established Trade Adjustment Assistance (TAA) in 1962,
in recognition that international trade can harm our workers. The
program was overhauled in 1974, and since then, it has offered extended
unemployment compensation benefits and job training for workers who
lose their manufacturing jobs due to import competition.
Over the past decade, Congress has shown its willingness to adapt to
increasing globalization by modernizing TAA. For example, in 1993, with
the adoption of the North American Free Trade Agreement, we added a
provision to offer those same unemployment and job training benefits to
workers whose manufacturing jobs were relocated to Canada or Mexico.
Most recently, when the program was reauthorized in 2002, we expanded
eligibility once again. The program now includes workers whose
manufacturing jobs have been relocated to certain countries other than
Canada or Mexico. It also now provides assistance to certain secondary
workers who have lost their manufacturing jobs as suppliers or
downstream producers to firms that have been affected by trade or plant
relocation.
Despite these changes, one factor has remained constant: Trade
Adjustment Assistance is only available to workers in the manufacturing
sector. If a service sector employee's job has been outsourced to a
foreign country, he or she is not eligible for TAA because the
performance of services is not considered production of an ``article,''
as required by the law.
I can understand why the law was written that way--until recently, we
believed that our service jobs were not put at risk by international
trade. But now, unfortunately, we know this is no longer the case.
Hundreds of thousands of service sector jobs already have been
outsourced to other countries, including China and India. A report by
Forrester Research predicts that 3.3 million service jobs will be
outsourced by the year 2015--and some economists believe that forecast
is conservative. Last fall, the Fisher Center for Real Estate and Urban
Economics at the University of California, Berkeley, estimated that
more than 14 million service jobs are ``at risk to outsourcing''--that
is 11 percent of all jobs.
That is the outer limit of service jobs at risk, but it demonstrates
that this issue will reach far beyond the software programmers and call
centers that are receiving attention today. The Fisher Center report
notes that the jobs being created in India and elsewhere also include
the following service sectors: geographic information systems services
for insurance companies; stock market research for financial firms;
medical transcription services; legal online database research; data
analysis for consulting firms; and payroll and other back-office
related activities.
In fact, the offshore outsourcing of service jobs likely will grow at
a much
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faster rate than the manufacturing outsourcing we have witnessed over
the past two decades because there is an enormous cost differential in
the wages of well-educated workers here and abroad. For example, the
hourly wage for telephone operators in the United States is $12.57,
while it is less than $1.00 in India. The hourly wage for legal
assistants and paralegals in the United States is $17.86, compared to
$6.00 to $8.00 in India. Accountants in the United States earn $23.35
per hour, while those in India earn $6.00 to $15.00 per hour. Finally,
financial researchers and analysts in the United States earn $33.00 to
$35.00 per hour, while those in India earn only $6.00 to $15.00 per
hour.
The offshore outsourcing of service jobs already is having an impact
on our economy. For example, it may be one reason that the recent
increase in the unemployment rate is larger for highly-educated
workers. From 2000 to 2003, total unemployment for workers with at
least a bachelor's degree increased by 95 percent, compared to a 40
percent increase for workers with a high school diploma or less.
Statistics for long-term unemployment--representing workers who have
been unemployed for more than six months--are similar. From 2000 to
2003, long term unemployment for workers with at least a bachelor's
degree increased by 299 percent, compared to an increase of 156 percent
for workers with a high school diploma or less.
The offshore outsourcing of service jobs also may help explain why
the few jobs that have been created since the recession officially
ended in November 2001 have been primarily in low-paying sectors.
The question before us today is: How should Congress respond to this
new facet of globalization and how can we aid these hundreds of
thousands--and eventually millions--of service workers whose jobs have
been outsourced?
Although there are broader trade issues that we should examine over
time, there is one thing we can and should do now, and that is extend
Trade Adjustment Assistance to these service employees. The service-
providing sector provides more than 86 million jobs and accounts for
more than half of our total GDP. We must extend the same helping hand
to these men and women when their jobs are outsourced as we do to
workers in the manufacturing sector.
Trade Adjustment Assistance not only provides additional unemployment
compensation benefits. Just as importantly, it provides training to
help workers find jobs at a similar or higher skill level, including
classroom training, on-the-job training, and customized employer-based
training. TAA also provides reemployment services, including employment
counseling, case assessment, job development, and supportive services.
The bill I am introducing today, the Service Workers Fairness Act,
would provide TAA eligibility to laid-off service workers whose firm
shifts the work for the same or directly competitive services to a
foreign country. It also would cover contract service workers whose
contracts have been shifted overseas. Finally, my bill would extend the
current provisions for adversely affected secondary workers to those
who provide services.
Last week, Federal Reserve Chairman Alan Greenspan noted that
``rigorous education and ongoing training'' are critical in ensuring
that as many Americans as possible can benefit from increased
globalization.
My bill would provide this education and training to service workers
whose jobs are outsourced abroad. I urge my colleagues to join me in
support of this important legislation.
______
By Mr. BURNS (for himself, Mr. Wyden, and Mrs. Boxer):
S. 2145. A bill to regulate the unauthorized installation of
computer software, to require clear disclosure to computer users of
certain computer software features that may pose a threat to user
privacy, and for other purposes; to the Committee on Commerce, Science,
and Transportation.
Mr. BURNS. Mr. President, I ask unanimous consent that the text of
the bill be printed in the Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 2145
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 ``Software Principles Yielding
Better Levels of Consumer Knowledge Act'' or the ``SPY BLOCK
Act''.
SEC. 2. UNAUTHORIZED INSTALLATION OF COMPUTER SOFTWARE.
(a) Notice, Choice, and Uninstall Procedures.--It is
unlawful for any person who is not the user of a protected
computer to install computer software on that computer, or to
authorize, permit, or cause the installation of computer
software on that computer, unless--
(1) the user of the computer has received notice that
satisfies the requirements of section 3;
(2) the user of the computer has granted consent that
satisfies the requirements of section 3; and
(3) the computer software's uninstall procedures satisfy
the requirements of section 3.
(b) Red Herring Prohibition.--It is unlawful for any person
who is not the user of a protected computer to install
computer software on that computer, or to authorize, permit,
or cause the installation of computer software on that
computer, if the design or operation of the computer software
is intended, or may reasonably be expected, to confuse or
mislead the user of the computer concerning the identity of
the person or service responsible for the functions performed
or content displayed by such computer software.
SEC. 3. NOTICE, CONSENT, AND UNINSTALL REQUIREMENTS.
(a) Notice.--For purposes of section 2(a)(1), notice to the
user of a computer shall--
(1) include a clear notification, displayed on the screen
until the user either grants or denies consent to
installation, of the name and general nature of the computer
software that will be installed if the user grants consent;
and
(2) include a separate disclosure, with respect to each
information collection, advertising, distributed computing,
and settings modification feature contained in the computer
software, that--
(A) remains displayed on the screen until the user either
grants or denies consent to that feature;
(B) in the case of an information collection feature,
provides a clear description of--
(i) the type of personal or network information to be
collected and transmitted by the computer software; and
(ii) the purpose for which the personal or network
information is to be collected, transmitted, and used;
(C) in the case of an advertising feature, provides--
(i) a representative example of the type of advertisement
that may be delivered by the computer software;
(ii) a clear description of--
(I) the estimated frequency with which each type of
advertisement may be delivered; or
(II) the factors on which the frequency will depend; and
(iii) a clear description of how the user can distinguish
each type of advertisement that the computer software
delivers from advertisements generated by other software,
Internet website operators, or services;
(D) in the case of a distributed computing feature,
provides a clear description of--
(i) the types of information or messages the computer
software will cause the computer to transmit;
(ii)(I) the estimated frequency with which the computer
software will cause the computer to transmit such messages or
information; or
(II) the factors on which the frequency will depend;
(iii) the estimated volume of such information or messages,
and the likely impact, if any, on the processing or
communications capacity of the user's computer; and
(iv) the nature, volume, and likely impact on the
computer's processing capacity of any computational or
processing tasks the computer software will cause the
computer to perform in order to generate the information or
messages the computer software will cause the computer to
transmit;
(E) in the case of a settings modification feature,
provides a clear description of the nature of the
modification, its function, and any collateral effects the
modification may produce; and
(F) provides a clear description of procedures the user may
follow to turn off such feature or uninstall the computer
software.
(b) Consent.--For purposes of section 2(a)(2), consent
requires--
(1) consent by the user of the computer to the installation
of the computer software; and
(2) separate affirmative consent by the user of the
computer to each information collection feature, advertising
feature, distributed computing feature, and settings
modification feature contained in the computer software.
(c) Uninstall Procedures.--For purposes of section 2(a)(3),
computer software shall--
(1) appear in the ``Add/Remove Programs'' menu or any
similar feature, if any, provided by each operating system
with which the computer software functions;
(2) be capable of being removed completely using the normal
procedures provided by each operating system with which the
computer software functions for removing computer software;
and
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(3) in the case of computer software with an advertising
feature, include an easily identifiable link clearly
associated with each advertisement that the software causes
to be displayed, such that selection of the link by the user
of the computer generates an on-screen window that informs
the user about how to turn off the advertising feature or
uninstall the computer software.
SEC. 4. UNAUTHORIZED USE OF CERTAIN COMPUTER SOFTWARE.
It is unlawful for any person who is not the user of a
protected computer to use an information collection,
advertising, distributed computing, or settings modification
feature of computer software installed on that computer, if--
(1) the computer software was installed in violation of
section 2;
(2) the use in question falls outside the scope of what was
described to the user of the computer in the notice provided
pursuant to section 3(a); or
(3) in the case of an information collection feature, the
person using the feature fails to establish and maintain
reasonable procedures to protect the security and integrity
of personal information so collected.
SEC. 5. EXCEPTIONS.
(a) Preinstalled Software.--A person who installs, or
authorizes, permits, or causes the installation of, computer
software on a protected computer before the first retail sale
of the computer shall be deemed to be in compliance with this
Act if the user of the computer receives notice that would
satisfy section 3(a)(2) and grants consent that would satisfy
section 3(b)(2) prior to--
(1) the initial collection of personal or network
information, in the case of any information collection
feature contained in the computer software;
(2) the initial generation of an advertisement on the
computer, in the case of any advertising feature contained in
the computer software;
(3) the initial transmission of information or messages, in
the case of any distributed computing feature contained in
the computer software; and
(4) the initial modification of user settings, in the case
of any settings modification feature.
(b) Other Exceptions.--Sections 3(a)(2), 3(b)(2), and 4 do
not apply to any feature of computer software that is
reasonably needed to--
(1) provide capability for general purpose online browsing,
electronic mail, or instant messaging, or for any optional
function that is directly related to such capability and that
the user knowingly chooses to use;
(2) determine whether or not the user of the computer is
licensed or authorized to use the computer software; and
(3) provide technical support for the use of the computer
software by the user of the computer.
(c) Passive Transmission, Hosting, or Link.--For purposes
of this Act, a person shall not be deemed to have installed
computer software, or authorized, permitted, or caused the
installation of computer software, on a computer solely
because that person provided--
(1) the Internet connection or other transmission
capability through which the software was delivered to the
computer for installation;
(2) the storage or hosting, at the direction of another
person and without selecting the content to be stored or
hosted, of the software or of an Internet website through
which the software was made available for installation; or
(3) a link or reference to an Internet website the content
of which was selected and controlled by another person, and
through which the computer software was made available for
installation.
(d) Software Resident in Temporary Memory.--In the case of
an installation of computer software that falls within the
meaning of section 7(10)(B) but not within the meaning of
section 7(10)(A), the requirements set forth in subsections
(a)(1), (b)(1), and (c) of section 3 shall not apply.
(e) Features Activated by User Options.--In the case of an
information collection, advertising, distributed computing,
or settings modification feature that remains inactive or
turned off unless the user of the computer subsequently
selects certain optional settings or functions provided by
the computer software, the requirements of subsections (a)(2)
and (b)(2) of section 3 may be satisfied by providing the
applicable disclosure and obtaining the applicable consent at
the time the user selects the option that activates the
feature, rather than at the time of initial installation.
SEC. 6. ADMINISTRATION AND ENFORCEMENT.
(a) In General.--Except as provided in subsection (b), this
Act shall be enforced by the Commission as if the violation
of this Act were an unfair or deceptive act or practice
proscribed under section 18(a)(1)(B) of the Federal Trade
Commission Act (15 U.S.C. 57a(a)(1)(B)).
(b) Enforcement by Certain Other Agencies.--Compliance with
this Act shall be enforced under--
(1) section 8 of the Federal Deposit Insurance Act (12
U.S.C. 1818), in the case of--
(A) national banks, and Federal branches and Federal
agencies of foreign banks, by the Office of the Comptroller
of the Currency;
(B) member banks of the Federal Reserve System (other than
national banks), branches and agencies of foreign banks
(other than Federal branches, Federal agencies, and insured
State branches of foreign banks), commercial lending
companies owned or controlled by foreign banks, and
organizations operating under section 25 or 25A of the
Federal Reserve Act (12 U.S.C. 601 and 611), by the Board;
and
(C) banks insured by the Federal Deposit Insurance
Corporation (other than members of the Federal Reserve
System) and insured State branches of foreign banks, by the
Board of Directors of the Federal Deposit Insurance
Corporation;
(2) section 8 of the Federal Deposit Insurance Act (12
U.S.C. 1818), by the Director of the Office of Thrift
Supervision, in the case of a savings association the
deposits of which are insured by the Federal Deposit
Insurance Corporation;
(3) the Federal Credit Union Act (12 U.S.C. 1751 et seq.)
by the National Credit Union Administration Board with
respect to any Federal credit union;
(4) part A of subtitle VII of title 49, United States Code,
by the Secretary of Transportation with respect to any air
carrier or foreign air carrier subject to that part;
(5) the Packers and Stockyards Act, 1921 (7 U.S.C. 181 et
seq.) (except as provided in section 406 of that Act (7
U.S.C. 226, 227)), by the Secretary of Agriculture with
respect to any activities subject to that Act; and
(6) the Farm Credit Act of 1971 (12 U.S.C. 2001 et seq.) by
the Farm Credit Administration with respect to any Federal
land bank, Federal land bank association, Federal
intermediate credit bank, or production credit association.
(c) Exercise of Certain Powers.--For the purpose of the
exercise by any agency referred to in subsection (b) of its
powers under any Act referred to in that subsection, a
violation of this Act is deemed to be a violation of a
requirement imposed under that Act. In addition to its powers
under any provision of law specifically referred to in
subsection (b), each of the agencies referred to in that
subsection may exercise, for the purpose of enforcing
compliance with any requirement imposed under this Act, any
other authority conferred on it by law.
(d) Actions by the Commission.--The Commission shall
prevent any person from violating this Act in the same
manner, by the same means, and with the same jurisdiction,
powers, and duties as though all applicable terms and
provisions of the Federal Trade Commission Act (15 U.S.C. 41
et seq.) were incorporated into and made a part of this Act.
Any entity that violates any provision of that section is
subject to the penalties and entitled to the privileges and
immunities provided in the Federal Trade Commission Act in
the same manner, by the same means, and with the same
jurisdiction, power, and duties as though all applicable
terms and provisions of the Federal Trade Commission Act were
incorporated into and made a part of that section.
(e) Preservation of Commission Authority.--Nothing
contained in this section shall be construed to limit the
authority of the Commission under any other provision of law.
SEC. 7. ACTIONS BY STATES.
(a) In General.--
(1) Civil actions.--In any case in which the attorney
general of a State has reason to believe that an interest of
the residents of that State has been or is threatened or
adversely affected by the engagement of any person in a
practice that this Act prohibits, the State, as parens
patriae, may bring a civil action on behalf of the residents
of the State in a district court of the United States of
appropriate jurisdiction--
(A) to enjoin that practice;
(B) to enforce compliance with the rule;
(C) to obtain damage, restitution, or other compensation on
behalf of residents of the State; or
(D) to obtain such other relief as the court may consider
to be appropriate.
(2) Notice.--
(A) In general.--Before filing an action under paragraph
(1), the attorney general of the State involved shall provide
to the Commission--
(i) written notice of that action; and
(ii) a copy of the complaint for that action.
(B) Exemption.--
(i) In general.--Subparagraph (A) shall not apply with
respect to the filing of an action by an attorney general of
a State under this subsection, if the attorney general
determines that it is not feasible to provide the notice
described in that subparagraph before the filing of the
action.
(ii) Notification.--In an action described in clause (i),
the attorney general of a State shall provide notice and a
copy of the complaint to the Commission at the same time as
the attorney general files the action.
(b) Intervention.--
(1) In general.--On receiving notice under subsection
(a)(2), the Commission shall have the right to intervene in
the action that is the subject of the notice.
(2) Effect of intervention.--If the Commission intervenes
in an action under subsection (a), it shall have the right--
(A) to be heard with respect to any matter that arises in
that action; and
(B) to file a petition for appeal.
(c) Construction.--For purposes of bringing any civil
action under subsection (a), nothing in this subtitle shall
be construed to prevent an attorney general of a State from
exercising the powers conferred on the attorney general by
the laws of that State to--
(1) conduct investigations;
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(2) administer oaths or affirmations; or
(3) compel the attendance of witnesses or the production of
documentary and other evidence.
(d) Actions by the Commission.--In any case in which an
action is instituted by or on behalf of the Commission for
violation of section 2 of this Act, no State may, during the
pendency of that action, institute an action under subsection
(a) against any defendant named in the complaint in that
action for violation of that section.
(e) Venue; Service of Process.--
(1) Venue.--Any action brought under subsection (a) may be
brought in the district court of the United States that meets
applicable requirements relating to venue under section 1391
of title 28, United States Code.
(2) Service of process.--In an action brought under
subsection (a), process may be served in any district in
which the defendant--
(A) is an inhabitant; or
(B) may be found.
SEC. 8. DEFINITIONS.
In this Act:
(1) Advertisement.--The term ``advertisement'' means a
commercial promotion for a product or service, but does not
include promotions for products or services that appear on
computer software help or support pages that are displayed in
response to a request by the user.
(2) Advertising feature.--The term ``advertising feature''
means a function of computer software that, when installed on
a computer, delivers advertisements to the user of that
computer.
(3) Affirmative consent.--The term ``affirmative consent''
means consent expressed through action by the user of a
computer other than default action specified by the
installation sequence and independent from any other consent
solicited from the user during the installation process.
(4) Clear description.--The term ``clear description''
means a description that is clear, conspicuous, concise, and
in a font size that is at least as large as the largest
default font displayed to the user by the software.
(5) Computer software.--The term ``computer software''--
(A) means any program designed to cause a computer to
perform a desired function or functions; and
(B) does not include any cookie.
(6) Cookie.--The term ``cookie'' means a text file--
(A) that is placed on a computer by an Internet service
provider, interactive computer service, or Internet website;
and
(B) the sole function of which is to record information
that can be read or recognized by an Internet service
provider, interactive computer service, or Internet website
when the user of the computer uses or accesses such provider,
service, or website.
(7) Distributed computing feature.--The term ``distributed
computing feature'' means a function of computer software
that, when installed on a computer, transmits information or
messages, other than personal or network information about
the user of the computer, to any other computer without the
knowledge or direction of the user and for purposes unrelated
to the tasks or functions the user intentionally performs
using the computer.
(8) First retail sale.--The term ``first retail sale''
means the first sale of a computer, for a purpose other than
resale, after the manufacture, production, or importation of
the computer. For purposes of this paragraph, the lease of a
computer shall be considered a sale of the computer at
retail.
(9) Information collection feature.--The term ``information
collection feature'' means a function of computer software
that, when installed on a computer, collects personal or
network information about the user of the computer and
transmits such information to any other party on an automatic
basis or at the direction of a party other than the user of
the computer.
(10) Install.--The term ``install'' means--
(A) to write computer software to a computer's persistent
storage medium, such as the computer's hard disk, in such a
way that the computer software is retained on the computer
after the computer is turned off and subsequently restarted;
or
(B) to write computer software to a computer's temporary
memory, such as random access memory, in such a way that the
software is retained and continues to operate after the user
of the computer turns off or exits the Internet service,
interactive computer service, or Internet website from which
the computer software was obtained.
(11) Network information.--The term ``network information''
means--
(A) an Internet protocol address or domain name of a user's
computer; or
(B) a Uniform Resource Locator or other information that
identifies Internet web sites or other online resources
accessed by a user of a computer.
(12) Personal information.--The term ``personal
information'' means--
(A) a first and last name, whether given at birth or
adoption, assumed, or legally changed;
(B) a home or other physical address including street name,
name of a city or town, and zip code;
(C) an electronic mail address or online username;
(D) a telephone number;
(E) a social security number;
(F) any personal identification number;
(G) a credit card number, any access code associated with
the credit card, or both;
(H) a birth date, birth certificate number, or place of
birth; or
(I) any password or access code.
(13) Person.--The term ``person'' has the meaning given
that term in section 3(32) of the Communications Act of 1934
(47 U.S.C. 153(32)).
(14) Protected computer.--The term ``protected computer''
has the meaning given that term in section 1030(e)(2)(B) of
title 18, United States Code.
(15) Settings modification feature.--The term ``settings
modification feature'' means a function of computer software
that, when installed on a computer--
(A) modifies an existing user setting, without direction
from the user of the computer, with respect to another
computer software application previously installed on that
computer; or
(B) enables a user setting with respect to another computer
software application previously installed on that computer to
be modified in the future without advance notification to and
consent from the user of the computer.
(16) User of a computer.--The term ``user of a computer''
means a computer's lawful owner or an individual who operates
a computer with the authorization of the computer's lawful
owner.
SEC. 9. EFFECTIVE DATE.
This Act shall take effect 180 days after the date of
enactment of this Act.
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By Ms. LANDRIEU (for herself, Mr. Bayh, Mr. Breaux, Mr. Burns,
Mr. Chafee, Mr. Chambliss, Mr. Cochran, Mr. Durbin, Mr.
Feingold, Mr. Johnson, Mr. Levin, Mr. Lieberman, Mr. Lugar, Mr.
Miller, Mrs. Murray, Mr. Nelson of Florida, Mr. Pryor, Mr.
Reid, Mr. Santorum, Ms. Stabenow, Mr. Stevens, Mr. Voinovich,
and Mr. Warner):
S. 2146. A bill to require the Secretary of the Treasury to mint
coins in commemoration of the contributions of Dr. Martin Luther King,
Jr., to the United States; to the Committee on Banking, Housing, and
Urban Affairs.
Ms. LANDRIEU. Mr. President, every year, Americans commemorate the
birthday of America's greatest civil rights leader, Dr. Martin Luther
King, Jr. Last year I was pleased to introduce legislation to authorize
the Secretary of the Treasury to mint coins to recognize Dr. King's
contribution to the people of the United States. Revenues from the
surcharge on the coin would go to the Library of Congress to purchase
and maintain historical documents and other materials associated with
the life and legacy of Martin Luther King, Jr.
I had hoped that this bill could have been enacted last year on the
40th anniversary of Dr. King's ``I Have a Dream'' speech, but we were
unable to do so. Today, I would like to reintroduce the Dr. Martin
Luther King Jr. Commemorative Coin Act of 2004, to have the coin minted
in 2009 in commemoration of the 80th anniversary of Dr. King's birth.
Dr. King's significant contributions and his message should live on for
future generations. America should remember him as a national hero and
a pioneer.
In recognizing Dr. Martin Luther King's legacy, it is important that
we continue to learn from his actions and words. When I was a young
girl in Louisiana, I learned from Dr. King that the struggle for civil
rights and racial equality was more than simply changing the law, it
required changing our hearts as well. Dr. King recognized that the
civil rights movement presented Americans with a choice. We could
choose hate and fear, or we could choose love and understanding. Dr.
King believed that when Americans choose love in their hearts, peace
and equality would follow. Dr. King offered us a peaceful way to reach
equality through non-violent protest and action. I believe that this
should continue to be a fundamental moral challenge for our country. In
his famous ``I Have a Dream'' speech, Dr. King said, ``I have a dream
that one day, the sons of former slaves and the sons of former slave
owners will be able to sit down together at the table of brotherhood.''
I would also like to take the time to thank my good friends on both
sides of the aisle for supporting this important legislation. I urge
others to join us in remembering the selfless deeds of Dr. Martin
Luther King, Jr., by cosponsoring this bill.
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