II 

116TH CONGRESS 

2D SESSION S. 4669 

To require sellers of internet applications to disclose country-of-origin 

information, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 23, 2020 

Mr. SCOTT of Florida (for himself and Ms. CORTEZ MASTO) introduced the 

following bill; which was read twice and referred to the Committee on 

Commerce, Science, and Transportation 

A BILL 

To require sellers of internet applications to disclose countryof-origin information, and for other purposes. 

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 ‘‘American Privacy Pro5 tection Act’’ or the ‘‘APP Act’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) COMMISSION.—The term ‘‘Commission’’ 

9 means the Federal Trade Commission. 


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1 (2) INTERNET APPLICATION.—The term ‘‘inter2 net application’’ means a computer program or soft3 ware application that is downloaded by a user to an 

4 internet-connected device. 

5 SEC. 3. COUNTRY OF ORIGIN DISCLOSURE REQUIREMENTS 

6 FOR SELLERS OF INTERNET APPLICATIONS. 

7 (a) IN GENERAL.—Beginning on the date that is 180 

8 days after the date of the promulgation of final regulations 

9 implementing this section— 

10 (1) it shall be unlawful for any person to sell 

11 or distribute an internet application unless the per12 son discloses to any individual who downloads such 

13 application, in a clear and conspicuous manner and 

14 in the same language that is used on the rest of the 

15 platform on which such application is sold or distrib16 uted— 

17 (A) the business name and address of the 

18 owner of the application, the developer of the 

19 application, and any parent company of such 

20 owner or developer; 

21 (B) if more than 5 percent of the applica22 tion was developed outside of the United States, 

23 each location in which the application was de24 veloped; and 


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1 (C) each location, if any, outside of the 

2 United States in which data collected by the ap3 plication is stored; and 

4 (2) it shall be unlawful for the owner or devel5 oper of an internet application to knowingly provide 

6 false information to a seller or distributor of internet 

7 applications with respect to any of the information 

8 described in paragraph (1). 

9 (b) CONTINUING NOTIFICATION REQUIREMENT.— 

10 (1) IN GENERAL.—A person shall not be con11 sidered to meet the requirement of paragraph (1) 

12 unless the person provides an individual with notice 

13 whenever the person has actual knowledge that— 

14 (A) a prior notice given to the individual 

15 under paragraph (1) regarding an internet ap16 plication was incomplete or inaccurate with re17 spect to the information described in subpara18 graph (B) or (C) of such paragraph; or 

19 (B) the location where the internet applica20 tion is developed or stores data has changed so 

21 that the information provided under a prior no22 tice given to the individual is incomplete or in23 accurate with respect to the information de24 scribed in subparagraph (B) or (C) of para25 graph (1). 


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1 (2) TIMING.—A notice required under para2 graph (1) shall be provided by a person not later 

3 than 2 days after the earliest date on which the per4 son had actual knowledge described in such para5 graph. 

6 (c) SAFE HARBOR.—In complying with the require7 ment of subsection (a)(1) and subsection (b), the seller 

8 or distributor of an internet application may reasonably 

9 rely on representations made by the owner or developer 

10 of such application regarding the information described in 

11 subparagraphs (A) through (C) of subsection (a)(1). 

12 SEC. 4. ENFORCEMENT. 

13 (a) UNFAIR AND DECEPTIVE ACTS OR PRACTICES.— 

14 A violation of this Act or a regulation promulgated under 

15 this Act shall be treated as a violation of a rule defining 

16 an unfair or deceptive act or practice prescribed under sec17 tion 18(a)(1)(B) of the Federal Trade Commission Act 

18 (15 U.S.C. 57a(a)(1)(B)). 

19 (b) POWERS OF COMMISSION.— 

20 (1) IN GENERAL.—The Commission shall en21 force this Act and any regulation promulgated under 

22 this Act in the same manner, by the same means, 

23 and with the same jurisdiction, powers, and duties 

24 as though all applicable terms and provisions of the 

25 Federal Trade Commission Act (15 U.S.C. 41 et 


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1 seq.) were incorporated into and made a part of this 

2 Act. 

3 (2) PRIVILEGES AND IMMUNITIES.—Any person 

4 that violates this Act or a regulation promulgated 

5 under this Act shall be subject to the penalties and 

6 entitled to the privileges and immunities provided in 

7 the Federal Trade Commission Act (15 U.S.C. 41 et 

8 seq.). 

9 (c) ENFORCEMENT BY STATE ATTORNEYS GEN10 ERAL.—In any case in which the attorney general of a 

11 State has reason to believe that an interest of the residents 

12 of that State has been or is threatened or adversely af13 fected by the engagement of any person in a practice that 

14 violates this Act or a regulation prescribed under this Act, 

15 the State, as parens patriae, may bring a civil action on 

16 behalf of the residents of the State in a district court of 

17 the United States of appropriate jurisdiction to— 

18 (1) enjoin that practice; 

19 (2) enforce compliance with this Act or such 

20 regulation; 

21 (3) obtain damages, restitution, or other com22 pensation on behalf of residents of the State; or 

23 (4) obtain such other relief as the court may 

24 consider to be appropriate. 


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1 (d) RULEMAKING.—The Commission shall promul2 gate in accordance with section 553 of title 5, United 

3 States Code, such rules as may be necessary to carry out 

4 this Act. 

Æ 


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