text: 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.
  
              Passed the House of Representatives December 8, 2009.
  
              Attest:
  
                                              LORRAINE C. MILLER,
  
                                                                   Clerk.
target: Informed P2P User Act - (Sec. 2) Makes it unlawful for any commercial entity that developed a file sharing program or distributed such a program (if the distributor is owned by the developing entity) to install, make available for installation, or download a file sharing program without: (1) immediately before program installation or downloading, providing conspicuous notice that the program allows files to be searched and copied by one or more other computers and obtaining informed consent to the installation from an owner; and (2) immediately before initial activation of a file sharing function of the program, providing conspicuous notice of which files will be made available and obtaining the owner's informed consent.
  
  Exempts: (1) modifications or upgrades of a program that was originally installed in compliance with this Act, provided certain requirements are met; and (2) pre-installed software.
  
  Makes it unlawful for such an entity to prevent the reasonable efforts of an owner or authorized user to block the installation of such a program or to prevent such a user from having a reasonable way to disable or remove the program.
  
  (Sec. 3) Treats a violation of this Act as a violation of a rule defining an unfair or deceptive act or practice prescribed under the Federal Trade Commission Act. Prohibits construing this Act to limit or supersede any other federal or state law.
  
  (Sec. 4) Defines "protected computer" to include a computer used by a financial institution or the federal government or which is used in or affecting interstate or foreign commerce or communication, including a computer located outside the United States that is used in a way that affects U.S. interstate or foreign commerce.
  
  (Sec. 6) Makes this Act inapplicable to the federal or any state government or subdivision.
feat_title: To prevent the inadvertent disclosure of information on a computer through the use of certain "peer-to-peer" file sharing programs without first providing notice and obtaining consent from an owner or authorized user of the computer.