I 

108TH CONGRESS 

1ST SESSION H. R. 3159

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 

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.

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’’. 
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1 SEC. 2. FINDINGS. 

2 Congress finds the following: 

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

4 and privacy threats to computers and networks by—

5 (A) exposing classified and sensitive infor6 mation that are stored on computers or net7 works; 

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

9 and other malicious programs; 

10 (C) consuming network resources, which 

11 may result in a degradation of network per12 formance; and 

13 (D) exposing identifying information about 

14 host computers that can be used by hackers to 

15 select potential targets. 

16 (2) The computers and networks of the Federal 

17 Government use and store a wide variety of classi18 fied and sensitive information, including—

19 (A) information vital to national security, 

20 defense, law enforcement, economic markets, 

21 public health, and the environment; and 

22 (B) personal and financial information of 

23 citizens and businesses that has been entrusted 

24 to the Federal Government. 

25 (3) Use of peer-to-peer file sharing on govern26 ment computers and networks can threaten the secu-
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1 rity and privacy of the information on those com2 puters and networks by exposing the information to 

3 others using peer-to-peer file sharing. 

4 (4) The House of Representatives and the Sen5 ate are using methods to protect the security and 

6 privacy of congressional computers and networks 

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

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

9 government applications can be pursued on 

10 intragovernmental networks that do not pose risks 

11 to network security. 

12 (6) In light of these considerations, Federal 

13 agencies need to take prompt action to address the 

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

15 sharing. 

16 SEC. 3. PROTECTION OF GOVERNMENT COMPUTERS FROM 

17 RISKS OF PEER-TO-PEER FILE SHARING. 

18 (a) PLANS REQUIRED.—As part of the Federal agen19 cy responsibilities set forth in sections 3544 and 3545 of 

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

21 develop and implement a plan to protect the security and 

22 privacy of computers and networks of the Federal Govern23 ment from the risks posed by peer-to-peer file sharing. 

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

25 appropriate methods, including both technological (such as 
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1 the use of software and hardware) and nontechnological 

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

3 achieve the goal of protecting the security and privacy of 

4 computers and networks of the Federal Government from 

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

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

7 agency shall—

8 (1) develop and implement the plan required 

9 under this section as expeditiously as possible, but in 

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

11 enactment of this Act; and 

12 (2) review and revise the plan periodically as 

13 necessary. 

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

15 after the date of the enactment of this Act, the Comp16 troller General shall—

17 (1) review the adequacy of the agency plans re18 quired by this section; and 

19 (2) submit to the Committee on Government 

20 Reform of the House of Representatives and the 

21 Committee on Governmental Affairs of the Senate a 

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

23 recommendations the Comptroller General considers 

24 appropriate. 
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1 SEC. 4. DEFINITIONS. 

2 In this Act: 

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

4 ‘‘peer-to-peer file sharing’’ means the use of com5 puter software, other than network operating sys6 tems, that has as its primary function the capability 

7 to allow the computer on which such software is 

8 used to designate files available for transmission to 

9 another computer using such software, to transmit 

10 files to another such computer, and to request the 

11 transmission of files from another such computer. 

12 The term does not include the use of such software 

13 wholly on intragovernmental networks. 

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

15 meaning provided by section 3502 of title 44, United 

16 States Code.

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