IB 

Union Calendar No. 182

108TH CONGRESS 

1ST SESSION H. R. 3159

[Report No. 108–305] 

To require Federal agencies to develop and implement plans to protect the 

security and privacy of government computer systems from the risks 

posed by peer-to-peer file sharing. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 24, 2003

Mr. WAXMAN (for himself, Mr. TOM DAVIS of Virginia, Mr. SHAYS, Mr. 

MCHUGH, Mr. CLAY, Mr. TOWNS, Mr. CARTER, Mr. VAN HOLLEN, Ms. 

ROS-LEHTINEN, Mr. BELL, Mr. SOUDER, Mrs. MILLER of Michigan, Mr. 

BURTON of Indiana, Mr. SCHROCK, Mr. LYNCH, Mr. RUPPERSBERGER, 

Mr. PUTNAM, Mr. CUMMINGS, Ms. LINDA T. SA ́NCHEZ of California, Mr. 

LANTOS, Mrs. MALONEY, Mr. OWENS, Ms. WATSON, Mr. OSE, Mr. COOPER, Ms. NORTON, Mr. DAVIS of Illinois, Mrs. JO ANN DAVIS of Virginia, and Mr. TURNER of Ohio) introduced the following bill; which was 

referred to the Committee on Government Reform 

OCTOBER 7, 2003

Committed to the Committee of the Whole House on the State of the Union 

and ordered to be printed 

A BILL

To require Federal agencies to develop and implement plans 

to protect the security and privacy of government computer systems from the risks posed by peer-to-peer file 

sharing.
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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Government Network 

5 Security Act of 2003’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 

8 (1) Peer-to-peer file sharing can pose security 

9 and privacy threats to computers and networks by—

10 (A) exposing classified and sensitive infor11 mation that are stored on computers or net12 works; 

13 (B) acting as a point of entry for viruses 

14 and other malicious programs; 

15 (C) consuming network resources, which 

16 may result in a degradation of network per17 formance; and 

18 (D) exposing identifying information about 

19 host computers that can be used by hackers to 

20 select potential targets. 

21 (2) The computers and networks of the Federal 

22 Government use and store a wide variety of classi23 fied and sensitive information, including—
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1 (A) information vital to national security, 

2 defense, law enforcement, economic markets, 

3 public health, and the environment; and 

4 (B) personal and financial information of 

5 citizens and businesses that has been entrusted 

6 to the Federal Government. 

7 (3) Use of peer-to-peer file sharing on govern8 ment computers and networks can threaten the secu9 rity and privacy of the information on those com10 puters and networks by exposing the information to 

11 others using peer-to-peer file sharing. 

12 (4) The House of Representatives and the Sen13 ate are using methods to protect the security and 

14 privacy of congressional computers and networks 

15 from the risks posed by peer-to-peer file sharing. 

16 (5) Innovations in peer-to-peer technology for 

17 government applications can be pursued on 

18 intragovernmental networks that do not pose risks 

19 to network security. 

20 (6) In light of these considerations, Federal 

21 agencies need to take prompt action to address the 

22 security and privacy risks posed by peer-to-peer file 

23 sharing. 
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1 SEC. 3. PROTECTION OF GOVERNMENT COMPUTERS FROM 

2 RISKS OF PEER-TO-PEER FILE SHARING. 

3 (a) PLANS REQUIRED.—As part of the Federal agen4 cy responsibilities set forth in sections 3544 and 3545 of 

5 title 44, United States Code, the head of each agency shall 

6 develop and implement a plan to protect the security and 

7 privacy of computers and networks of the Federal Govern8 ment from the risks posed by peer-to-peer file sharing. 

9 (b) CONTENTS OF PLANS.—Such plans shall set forth 

10 appropriate methods, including both technological (such as 

11 the use of software and hardware) and nontechnological 

12 methods (such as employee policies and user training), to 

13 achieve the goal of protecting the security and privacy of 

14 computers and networks of the Federal Government from 

15 the risks posed by peer-to-peer file sharing. 

16 (c) IMPLEMENTATION OF PLANS.—The head of each 

17 agency shall—

18 (1) develop and implement the plan required 

19 under this section as expeditiously as possible, but in 

20 no event later than six months after the date of the 

21 enactment of this Act; and 

22 (2) review and revise the plan periodically as 

23 necessary. 

24 (d) REVIEW OF PLANS.—Not later than 18 months 

25 after the date of the enactment of this Act, the Comp26 troller General shall—
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1 (1) review the adequacy of the agency plans re2 quired by this section; and 

3 (2) submit to the Committee on Government 

4 Reform of the House of Representatives and the 

5 Committee on Governmental Affairs of the Senate a 

6 report on the results of the review, together with any 

7 recommendations the Comptroller General considers 

8 appropriate. 

9 SEC. 4. DEFINITIONS. 

10 In this Act: 

11 (1) PEER-TO-PEER FILE SHARING.—The term 

12 ‘‘peer-to-peer file sharing’’ means the use of com13 puter software, other than network operating sys14 tems, that has as its primary function the capability 

15 to allow the computer on which such software is 

16 used to designate files available for transmission to 

17 another computer using such software, to transmit 

18 files to another such computer, and to request the 

19 transmission of files from another such computer. 

20 The term does not include the use of such software 

21 wholly on intragovernmental networks. 

22 (2) AGENCY.—The term ‘‘agency’’ has the 

23 meaning provided by section 3502 of title 44, United 

24 States Code. 
Union Calendar No. 182

108TH CONGRESS 

1ST SESSION H. R. 3159

[Report No. 108–305] 

A BILL

To require Federal agencies to develop and implement plans to protect the security and privacy of 

government computer systems from the risks posed by peer-to-peer file sharing. 

OCTOBER 7, 2003

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed