[Congressional Record Volume 155, Number 183 (Tuesday, December 8, 2009)]
[House]
[Pages H13591-H13594]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                         INFORMED P2P USER ACT

  Mr. RUSH. Mr. Speaker, I move to suspend the rules and pass the bill 
(H.R. 1319) to prevent the inadvertent disclosure of information on a 
computer through the use of certain ``peer-

[[Page H13592]]

to-peer'' file sharing software without first providing notice and 
obtaining consent from the owner or authorized user of the computer, as 
amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 1319

       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) Notice and Consent Required for File-sharing 
     Software.--
       (1) Notice and consent required prior to installation.--It 
     is unlawful for any covered entity to install on a protected 
     computer or offer or make available for installation or 
     download on a protected computer a covered file-sharing 
     program unless such program--
       (A) immediately prior to the installation or downloading of 
     such program--
       (i) provides clear and conspicuous notice that such program 
     allows files on the protected computer to be made available 
     for searching by and copying to one or more other computers; 
     and
       (ii) obtains the informed consent to the installation of 
     such program from an owner or authorized user of the 
     protected computer; and
       (B) immediately prior to initial activation of a file-
     sharing function of such program--
       (i) 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; and
       (ii) 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.
       (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.
       (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--
       (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; or
       (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.
       (b) Preventing the Disabling or Removal of Certain 
     Software.--It is unlawful for any covered entity--
       (1) to prevent the reasonable efforts of an owner or 
     authorized user of a protected computer from blocking the 
     installation of a covered file-sharing program or file-
     sharing function thereof; or
       (2) to prevent an owner or authorized user of a protected 
     computer from having a reasonable means to either--
       (A) disable from the protected computer any covered file-
     sharing program; or
       (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 individual to 
     install.

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

     SEC. 4. DEFINITIONS.

       As used in this Act--
       (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);
       (2) the term ``covered entity'' means--
       (A) a commercial entity that develops a covered file-
     sharing program; and
       (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;
       (3) the term ``protected computer'' has the meaning given 
     such term in section 1030(e)(2) of title 18, United States 
     Code; and
       (4) the term ``covered file-sharing program''--
       (A) means a program, application, or software that is 
     commercially marketed or distributed to the public and that 
     enables--
       (i) a file or files on the protected computer on which such 
     program is installed to be designated as available for 
     searching by and copying to one or more other computers owned 
     by another person;
       (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 person--

       (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; and
       (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; and

       (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 the 
     other computer to such protected computer; and
       (B) does not include a program, application, or software 
     designed primarily to--
       (i) operate as a server that is accessible over the 
     Internet using the Internet Domain Name system;
       (ii) transmit or receive email messages, instant messaging, 
     real-time audio or video communications, or real-time voice 
     communications; or
       (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; and
       (5) the term ``initial activation of a file-sharing 
     function'' means--
       (A) the first time the file sharing function of a covered 
     file-sharing program is activated on a protected computer; 
     and
       (B) does not include subsequent uses of the program on that 
     protected computer.

     SEC. 5. RULEMAKING.

       The Federal Trade Commission may promulgate regulations 
     under section 553 of title 5, United States Code to 
     accomplish the purposes of this Act. In promulgating rules 
     under this Act, the Federal Trade Commission shall not 
     require the deployment or use of any specific products or 
     technologies.

     SEC. 6. NONAPPLICATION TO GOVERNMENT.

       The prohibition in section 2 of this Act shall not apply to 
     the Federal Government or any instrumentality of the Federal 
     Government, nor to any State government or government of a 
     subdivision of a State.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Illinois (Mr. Rush) and the gentleman from Florida (Mr. Stearns) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Illinois.


                             General Leave

  Mr. RUSH. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days in which to revise and extend their remarks and 
include extraneous material in the Record.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Illinois?
  There was no objection.
  Mr. RUSH. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, this second bill which I am urging adoption of is H.R. 
1319, the Informed P2P User Act.
  H.R. 1319 was originally introduced by the gentlelady from 
California, Mrs. Bono Mack; Ranking Member Barton, the gentleman from 
Texas; and Mr. Barrow, the gentleman from Georgia.
  H.R. 1319, similar to H.R. 2221, would better enable consumers to 
secure personal information. The focus under H.R. 1319 is on personal 
information which resides on ``protected computers.'' By making these 
users of file-sharing software programs more aware of the risk involved 
in downloading and running these programs, the P2P Act will reduce 
inadvertent disclosures of sensitive information over the Internet.
  Under H.R. 1319, developers of file-sharing software programs would 
be prohibited from installing their software or from making it 
available for installation or downloading without first notifying 
consumers that their software is capable of searching and copying files 
from their computers. Developers would also have to provide consumers 
with a reasonable means to disable or remove the file-sharing program. 
H.R. 1319 would not require user notice prior to installation for 
software that was installed prior to the initial

[[Page H13593]]

sale of a computer so long as notice of the installation of a covered 
program is provided in some other form.
  The P2P Act would also provide the FTC with discretionary rulemaking 
authority and expressly states that it does not apply to the Federal 
Government.
  Mr. Speaker, I reserve the balance of my time.
  Mr. STEARNS. Mr. Speaker, I yield myself such time as I may consume, 
and I also rise in support of H.R. 1319, the Informed P2P User Act of 
2009.
  For the second consecutive Congress, Mrs. Bono Mack has introduced 
this legislation because too many American consumers are having their 
personal information stolen and their lives wrecked by the careless 
distribution of file-sharing software which more often than not is used 
to distribute copyright-infringing content and child pornography. These 
file-sharing software distributors can no longer be trusted to do the 
right thing.
  The problem of inadvertent file sharing caused by peer-to-peer 
programs has been felt by thousands of consumers and widely reported by 
the press. Recent high profile cases, like Marine One schematics being 
found on a network in Iran, the public availability of United States 
Supreme Court Justice Breyer's financial records, and the compromising 
of our own House Committee on Standards of Official Conduct's network 
security only serve to underscore the dangers associated with file-
sharing software and the importance of providing American consumers 
with the tools and information they need to make wise decisions online.
  As a believer in the power of the free market, I am willing to afford 
commercial interest the opportunity to simply self-regulate; however, 
the distributors of file-sharing software have proven they are either 
unable or unwilling to handle their affairs without intervention. This 
bill is the logical consequence.
  In the House of Representatives alone, inadvertent file sharing has 
been the subject of at least five congressional hearings in three 
separate committees. In each hearing, distributors of file-sharing 
software have come forth with a list of voluntary best practices or a 
commitment to correct the problem, but in each instance they have 
failed to deliver.
  The Informed P2P User Act improves upon existing law because its 
substantive requirements very narrowly target the critical problem of 
inadvertent sharing. Unfortunately, many users of the software--
particularly preteens or teenage children and their parents--are 
unaware of the potential dangers of file-sharing software. Today, by 
passing the Informed P2P User Act, we will move that much closer to 
arming American consumers with the information they need to protect 
their personal information.
  Now, I thought I would go into what the bill includes:
  One, it will create a system where users of file-sharing programs are 
provided with conspicuous notice and forced to give consent prior to 
installation and activation of a file-sharing program. And two, 
requires entities that develop file-sharing programs to make it 
reasonably simple to block or remove these programs once they are 
installed.
  Additionally, this act will require an easy-to-understand notice and 
consent rule for file-sharing software. It is my belief that when the 
consumer is provided with this information, he or she will make a more 
informed choice.
  Finally, my colleagues, the Informed P2P User Act ensures a narrow 
scope by exempting technologies like e-mail, instant messaging, real-
time audio or video communications, and real-time voice communications.
  This bill has broad bipartisan support, including 36 cosponsors, 
written endorsement of 41 State Attorneys General, and the full backing 
of child safety groups such as Stop Child Predators.
  I would like to commend Congresswoman Bono Mack for all the work she 
has done here; the ranking member on our committee, Mr. Barton; 
obviously Mr. Rush for being on the floor; and Congressman Barrow for 
his leadership on this issue. I encourage the passage of this bill.
  Mr. Speaker, I reserve the balance of my time.
  Mr. RUSH. Mr. Speaker, it is my pleasure to now yield 5 minutes to 
the gentleman from Georgia (Mr. Barrow).
  Mr. BARROW. I thank the chairman of the subcommittee for his 
leadership on this issue and for yielding.
  Mr. Speaker, I rise today in support of H.R. 1319, the Informed Peer-
to-Peer User Act, which I introduced with Representatives Bono Mack and 
Barton.
  We live in a world where digital technology connects people in ways 
that make all kinds of collaboration and innovation possible. There is 
no question about the benefits of this technology; what I am worried 
about is the cost. This technology has made us all more productive all 
right, but it has also made it easier for others to invade our personal 
records and reveal private information about us and our families that 
we would never choose to disclose. This bill will protect consumers by 
making Internet users more aware of the inherent privacy and security 
risks associated with peer-to-peer file-sharing programs.
  All too often, folks who connect to these networks don't even realize 
that their most personal and private files are visible to everyone else 
on the network at any time. They are posting their tax returns, their 
financial records, and personal messages on the Internet and they don't 
even know it. Recent reports have shown that peer-to-peer software was 
implicated in a security breach involving Marine One--the helicopter 
used by President Obama--and another high profile case involved Supreme 
Court Justice Stephen Breyer.
  There are all kinds of legitimate peer-to-peer software packages out 
there, and we are working real hard to make sure that none of those are 
impacted or limited by what is proposed by this legislation, and the 
committee members are going to continue to make sure that the scope of 
this bill doesn't interfere with the productive capacity of this 
technology. But this bipartisan bill is critical to protecting the 
privacy and Internet safety of American families. We have truth in 
lending and truth in labeling. I think it's time we had truth in 
networking.
  I want to thank Congresswoman Bono Mack for her leadership and 
Congressman Barton for his sponsoring this bill and working with me on 
this important legislation. I urge my colleagues to vote in support of 
the Informed Peer-to-Peer User Act.
  Mr. STEARNS. Mr. Speaker, I yield 2 minutes to the gentlelady from 
Tennessee (Mrs. Blackburn).
  Mrs. BLACKBURN. Mr. Speaker, I am pleased to rise in support of the 
Informed Peer-to-Peer User Act.
  As we are hearing today on the floor, it is imperative that we 
heighten public awareness of the dangers associated with P2P file 
sharing, and Mr. Barrow just spoke so well to those points.
  The reason that this legislation is needed and why it effectively 
requires software applications to provide clear warnings to their users 
is because, as the gentleman from Georgia indicated, many people are 
not aware of what they are finding themselves in the middle of as their 
information is exposed on the Internet.
  In addition, the Seventh District of Tennessee, my district, is home 
to some of the country's most talented and creative minds in the music 
industry, and they rely heavily on P2P file sharing in crafting and 
bringing forward their music.

                              {time}  1515

  However, P2P programs are notorious for stealing copyrighted work, 
and this legislation does much to curb the piracy and the copyright 
infringement while stepping up penalties that are badly needed for 
those that are knowingly and willingly carrying out these violations. 
Unknown and untracked predators have been given fertile ground to steal 
intellectual property in a system that had been previously void of any 
centralized mechanism to track, monitor, and prosecute the violators.
  I do want to commend those on both sides of the aisle, especially Mr. 
Barrow, Mrs. Bono Mack, Mr. Barton, and Mr. Stearns, for all their hard 
work in crafting this bill, and I encourage everyone to support the 
legislation.
  Mr. STEARNS. Mr. Speaker, I have no further speakers.
  I would just conclude by saying, oftentimes when we come to the 
floor, we have very controversial bills. We've had two consecutive 
bills here that had

[[Page H13594]]

bipartisan support. So it's important, I think, the American people 
realize that Congress can get things done, and these two bills are the 
best example of it. And so I urge all my colleagues to support this 
act.
  I yield back the balance of my time.
  Mr. RUSH. Mr. Speaker, I yield myself as much time as I may consume 
for a closing statement.
  Mr. Speaker, again, as the gentleman from Florida has indicated, this 
is a bipartisan bill. It is the result of a very intense and 
cooperative process. It was voted out of the full committee by a 
unanimous recorded vote.
  Mr. Speaker, I would like to thank both Members and the staffs on 
both sides of the aisle for their hard work on this important piece of 
legislation. I want to thank, in particular, Mrs. Bono Mack, Mr. 
Barton, Mr. Barrow, Mr. Waxman, Mr. Radanovich, and others for working 
in a true bipartisan fashion to move this important piece of 
legislation and to move it forward.
  Mr. Speaker, I urge all my colleagues to vote for this bill and to 
approve this bill.
  I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Illinois (Mr. Rush) that the House suspend the rules and 
pass the bill, H.R. 1319, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  The title was amended so as to read: ``A bill to prevent the 
inadvertent disclosure of information on a computer through certain 
`peer-to-peer' file sharing programs without first providing notice and 
obtaining consent from an owner or authorized user of the computer.''.
  A motion to reconsider was laid on the table.

                          ____________________