I 

108TH CONGRESS 

1ST SESSION H. R. 2885

To prohibit the distribution of peer-to-peer file trading software in interstate 

commerce. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 24, 2003

Mr. PITTS (for himself, Mr. JOHN, Mr. SULLIVAN, Mr. PENCE, and Mr. 

DEMINT) introduced the following bill; which was referred to the Committee on Energy and Commerce 

A BILL

To prohibit the distribution of peer-to-peer file trading 

software in interstate commerce.

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 ‘‘Protecting Children 

5 from Peer-to-Peer Pornography Act of 2003’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 

8 (1) Peer-to-peer file trading software has been 

9 very widely distributed. The most popular of these 

10 programs has been downloaded over 200 million 
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1 times, and at any one time, there are over 3 million 

2 people using it. 

3 (2) Peer-to-peer systems are emerging as a con4 duit for the distribution of pornographic images and 

5 videos, including child pornography. Child pornog6 raphy is easily found and downloaded using peer-to7 peer systems. 

8 (3) Child pornography has become increasingly 

9 available on peer-to-peer systems. In 2002, there 

10 was a fourfold increase in the number of reports of 

11 child pornography on peer-to-peer systems. 

12 (4) Approximately 40 percent of users of peer13 to-peer systems are juveniles. 

14 (5) Juvenile users of peer-to-peer systems are 

15 at significant risk of inadvertent exposure to pornog16 raphy, including child pornography, because searches 

17 on innocuous keywords likely to be used by juveniles 

18 produce a high proportion of pornographic images. 

19 (6) The availability of peer-to-peer systems as a 

20 distribution mechanism for child pornography may 

21 lead to further sexual abuse of children, because the 

22 production of child pornography is intrinsically re23 lated to sexual abuse of children. 

24 (7) Peer-to-peer systems also pose serious secu25 rity and privacy threats to users. Among other 
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1 things, peer-to-peer software often gives others ac2 cess to all the files that are stored on a user’s hard 

3 drive, and many users, including juvenile users and 

4 their parents, do not even know of these threats. 

5 (8) In light of these considerations, it is impor6 tant that Federal law provide appropriate protection 

7 for juvenile users of peer-to-peer systems. 

8 SEC. 3. DEFINITIONS. 

9 In this Act—

10 (1) the term ‘‘Commission’’ means the Federal 

11 Trade Commission; 

12 (2) the term ‘‘juvenile’’ means an individual 

13 under the age of 18; 

14 (3) the term ‘‘parent’’ includes a legal guard15 ian; 

16 (4) the terms ‘‘peer-to-peer file trading soft17 ware’’ and ‘‘peer-to-peer system’’ have the definition 

18 given to such terms by the regulations to be promul19 gated under section 3(b)(1); 

20 (5) the term ‘‘verifiable parental consent’’ 

21 means any reasonable effort (taking into consider22 ation available technology) to ensure that a parent 

23 of a juvenile receives notice as described in section 

24 3(b)(2)(A) and authorizes the distribution of peer25 to-peer file trading software to the juvenile, includ-
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1 ing efforts such as those constituting ‘‘verifiable pa2 rental consent’’ under the Children’s Online Privacy 

3 Protection Act of 1998; 

4 (6) the term ‘‘verification of majority’’ means 

5 any reasonable effort (taking into consideration 

6 available technology) to ensure that a recipient of 

7 peer-to-peer file trading software is not a juvenile, 

8 including efforts such as accepting and verifying a 

9 credit card number in connection with a distribution 

10 of peer-to-peer file trading software; and 

11 (7) the term ‘‘person’’ means any individual, 

12 partnership, corporation, trust, estate, cooperative, 

13 association, or other entity. 

14 SEC. 4. REGULATION OF JUVENILE ACCESS TO PEER-TO15 PEER NETWORKS. 

16 (a) ACTS PROHIBITED.—It is unlawful for any per17 son to distribute peer-to-peer file trading software, or to 

18 authorize or cause peer-to-peer file trading software to be 

19 distributed by another person, in interstate commerce in 

20 a manner that violates the regulations prescribed under 

21 subsection (b)(2). 

22 (b) REGULATIONS.—Not later than 1 year after the 

23 date of the enactment of this Act, the Commission shall 

24 promulgate regulations that—
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1 (1) define the term ‘‘peer-to-peer file trading 

2 software’’ for purposes of this Act, with such defini3 tion to encompass computer software that enables 

4 the transmission of computer files or data over the 

5 Internet or any other public network of computers 

6 and that has as its primary function the capability 

7 to do all of the following—

8 (A) enable a computer on which such soft9 ware is used to transmit files or data to another 

10 such computer; 

11 (B) enable the user of one such computer 

12 to request the transmission of files or data from 

13 another such computer; and 

14 (C) enable the user of one such computer 

15 to designate files or data available for trans16 mission to another such computer, but which 

17 definition excludes, to the extent otherwise in18 cluded, software products legitimately marketed 

19 and distributed primarily for the operation of 

20 business and home networks, the networks of 

21 Internet access providers, or the Internet itself; 

22 and 

23 (2) require any person who distributes, or au24 thorizes or causes another person to distribute, peer-
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1 to-peer file trading software in interstate commerce 

2 to—

3 (A) provide clear and prominent notice to 

4 each recipient of peer-to-peer file trading soft5 ware, before the peer-to-peer file trading soft6 ware is provided to the recipient, that use 

7 thereof may expose the user to pornography, il8 legal activities, and security and privacy 

9 threats; 

10 (B) check for the do-not-install beacon de11 scribed in subsection (c)(1) and not transmit 

12 peer-to-peer file trading software to any com13 puter with such beacon; 

14 (C) obtain verification of majority, or if a 

15 recipient is a juvenile obtain verifiable parental 

16 consent, before the peer-to-peer file trading 

17 software is provided to the recipient; 

18 (D) ask whether or not each juvenile re19 cipient of peer-to-peer file trading software is a 

20 child under the age of 13; 

21 (E) comply with the provisions of the Chil22 dren’s Online Privacy Protection Act of 1998 

23 (15 U.S.C. 6501 et seq.) as to all information 

24 collected from children in connection with the 
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1 distribution of peer-to-peer file trading soft2 ware; 

3 (F) ensure that the peer-to-peer file trad4 ing software has the capability to be readily dis5 abled or uninstalled by a user thereof, and 

6 prominent means to access clear information 

7 concerning the availability and use of that capa8 bility; 

9 (G) if the peer-to-peer file trading software 

10 has the capability of automatically causing a 

11 user’s computer to function as a supernode or 

12 other focal point for the transmission of files or 

13 data, or information about the availability of 

14 files or data, among other computers on which 

15 such software is used, ensure that such soft16 ware does not exercise that capability unless the 

17 user receives clear and prominent notice thereof 

18 and thereafter takes affirmative steps to enable 

19 that capability; 

20 (H) if the peer-to-peer file trading software 

21 has the capability of disabling or circumventing 

22 security or other protective software on, or fea23 tures of, the user’s computer or network, in24 cluding a firewall, software that protects 

25 against viruses or other malicious code or a do-
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1 not-install beacon or other parental control, en2 sure that such peer-to-peer file trading software 

3 does not exercise that capability unless the user 

4 receives clear and prominent notice thereof and 

5 thereafter takes affirmative steps to enable that 

6 capability; 

7 (I) if such person does not reside in the 

8 United States, designate a resident agent for 

9 service of process in the United States, and file 

10 with the Commission such designation and the 

11 address of the office or usual place of residence 

12 of the agent; 

13 (J) maintain reasonable records of its com14 pliance with the requirements set forth in this 

15 paragraph; and 

16 (K) establish and maintain reasonable pro17 cedures to protect the confidentiality, security, 

18 and integrity of personal information contained 

19 in such records. 

20 (c) TECHNOLOGICAL MEASURES.—The Commission 

21 shall—

22 (1) not later than 1 year after the date of the 

23 enactment of this Act, in consultation with the 

24 Under Secretary for Technology of the Department 

25 of Commerce, develop and make readily available to 
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1 the public functional requirements for standard ‘‘do2 not-install’’ beacons that provide an effective techno3 logical means for parents to record on their com4 puters their desire that users not install or use peer5 to-peer file trading software on those computers; 

6 (2) make available to the public a list of do-not7 install beacon products that have been certified by 

8 their producers as conforming to such functional re9 quirements; and 

10 (3) if in any study required by section 6, it ap11 pears to the Commission that any commonly-used 

12 peer-to-peer file trading software does not have the 

13 capability required by subsection (b)(2)(F), promptly 

14 make readily available to the public information nec15 essary to enable parents to disable or uninstall such 

16 software on their computers, and if necessary to 

17 allow parents to do so readily, develop and make 

18 available technological means for parents to disable 

19 or uninstall such software on their computers. 

20 (d) ENFORCEMENT.—A violation of the regulations 

21 prescribed under subsection (b)(2) shall be treated as a 

22 violation of a rule defining an unfair or deceptive act or 

23 practice prescribed under section 18(a)(1)(B) of the Fed24 eral Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). In 

25 the case of any action arising under this Act against a 
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1 person that does not reside in the United States and has 

2 distributed peer-to-peer file trading software, or author3 ized or caused peer-to-peer file trading software to be dis4 tributed by another person, in interstate commerce with5 out designating an agent as required by subsection 

6 (b)(2)(I), service of process may be made by filing the 

7 same in the office of the Commission. 

8 SEC. 5. ACTIONS BY THE COMMISSION. 

9 (a) IN GENERAL.—The Commission shall enforce this 

10 Act, and the regulations promulgated pursuant to this 

11 Act, in the same manner, by the same means, and with 

12 the same jurisdiction, powers, and duties as though all ap13 plicable terms and provisions of the Federal Trade Com14 mission Act (15 U.S.C. 41 et seq.) were incorporated into 

15 and made a part of this Act. Any entity that violates such 

16 regulations shall be subject to the penalties and entitled 

17 to the privileges and immunities provided in the Federal 

18 Trade Commission Act in the same manner, by the same 

19 means, and with the same jurisdiction, power, and duties 

20 as though all applicable terms and provisions of the Fed21 eral Trade Commission Act were incorporated into and 

22 made a part of this Act. 

23 (b) EFFECT ON OTHER LAWS.—Nothing contained 

24 in this Act shall be construed to limit the authority of the 

25 Commission under any other provisions of law. 
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1 SEC. 6. ACTIONS BY STATES. 

2 (a) IN GENERAL.—

3 (1) CIVIL ACTIONS.—In any case in which the 

4 attorney general or other appropriate authority of a 

5 State has reason to believe that an interest of the 

6 residents of that State has been or is threatened or 

7 adversely affected by the engagement of any person 

8 in a practice that violates the regulations of the 

9 Commission prescribed under section 3(b)(2), the 

10 State, as parens patriae, may bring a civil action on 

11 behalf of the residents of the State in a district 

12 court of the United States of appropriate jurisdic13 tion to—

14 (A) enjoin that practice; 

15 (B) enforce compliance with the regula16 tions; 

17 (C) obtain damages, restitution, or other 

18 compensation on behalf of residents of the 

19 State; or 

20 (D) obtain such other relief as the court 

21 may consider to be appropriate. 

22 (2) NOTICE.—

23 (A) IN GENERAL.—Before filing an action 

24 under paragraph (1), the attorney general or 

25 other authority of the State involved shall pro26 vide to the Commission—
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1 (i) written notice of that action; and 

2 (ii) a copy of the complaint for that 

3 action. 

4 (B) EXEMPTION.—

5 (i) IN GENERAL.—Subparagraph (A) 

6 shall not apply with respect to the filing of 

7 an action by an attorney general or other 

8 authority of a State under this subsection, 

9 if the attorney general or other authority 

10 determines that it is not feasible to provide 

11 the notice described in that subparagraph 

12 before the filing of the action. 

13 (ii) NOTIFICATION.—In an action de14 scribed in clause (i), the attorney general 

15 or other authority of a State shall provide 

16 notice and a copy of the complaint to the 

17 Commission at the same time as the attor18 ney general or other authority files the ac19 tion. 

20 (b) INTERVENTION.—

21 (1) IN GENERAL.—On receiving notice under 

22 subsection (a)(2), the Commission shall have the 

23 right to intervene in the action that is the subject 

24 of the notice. 
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1 (2) EFFECT OF INTERVENTION.—If the Com2 mission intervenes in an action under subsection (a), 

3 it shall have the right—

4 (A) to be heard with respect to any matter 

5 that arises in that action; and 

6 (B) to file a petition for appeal. 

7 (c) CONSTRUCTION.—For purposes of bringing any 

8 civil action under subsection (a), nothing in this Act shall 

9 be construed to prevent an attorney general or other au10 thority of a State from exercising the powers conferred 

11 on the attorney general or other authority by the laws of 

12 that State to—

13 (1) conduct investigations; 

14 (2) administer oaths or affirmations; or 

15 (3) compel the attendance of witnesses or the 

16 production of documentary and other evidence. 

17 (d) ACTIONS BY THE COMMISSION.—In any case in 

18 which an action is instituted by or on behalf of the Com19 mission for violation of any of the regulations of the Com20 mission prescribed under section 3(b)(2), no State may, 

21 during the pendency of that action, institute an action 

22 under subsection (a) against any defendant named in the 

23 complaint in that action for violation of that regulation. 

24 (e) VENUE; SERVICE OF PROCESS.—
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1 (1) VENUE.—Any action brought under sub2 section (a) may be brought in the district court of 

3 the United States that meets applicable require4 ments relating to venue under section 1391 of title 

5 28, United States Code. 

6 (2) SERVICE OF PROCESS.—In an action 

7 brought under subsection (a), process may be served 

8 in any district in which the defendant—

9 (A) is an inhabitant; or 

10 (B) may be found. 

11 SEC. 7. STUDY. 

12 The Commission shall conduct an annual study con13 cerning peer-to-peer file trading software, including the 

14 availability of child pornography and other pornographic 

15 images and videos using such software, security and pri16 vacy threats posed by such software, use of such software 

17 by juveniles, the ability of parents to control access to and 

18 use of such software by juveniles, the degree of compliance 

19 with and the effectiveness of this Act, and any legislative 

20 recommendations that may be warranted. The Commis21 sion shall submit a report to the Congress setting forth 

22 the results of each such study. The Under Secretary for 

23 Technology of the Department of Commerce shall provide 

24 to the Commission such staff and resources as necessary 
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1 for the Commission to perform its duty efficiently and in 

2 accordance with this section. 

3 SEC. 8. EFFECTIVE DATE. 

4 Sections 4(a), 5, and 6 of this Act take effect on the 

5 date that is 18 months after the date of enactment of this 

6 Act.

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