I 

111TH CONGRESS 

1ST SESSION H. R. 1319 

To prevent the inadvertent disclosure of information on a computer through 

the use of certain ‘‘peer-to-peer’’ file sharing software without first providing notice and obtaining consent from the owner or authorized user 

of the computer. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 5, 2009 

Mrs. BONO MACK (for herself, Mr. BARROW, and Mr. BARTON of Texas) introduced the following bill; which was referred to the Committee on Energy and Commerce 

A BILL 

To prevent the inadvertent disclosure of information on a 

computer through the use of certain ‘‘peer-to-peer’’ file 

sharing software without first providing notice and obtaining consent from the owner or authorized user of 

the computer. 

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 ‘‘Informed P2P User 

5 Act’’. 


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1 SEC. 2. CONDUCT PROHIBITED. 

2 (a) IMPROPER DISCLOSURE OF PERSONAL INFORMA3 TION WITHOUT NOTICE AND CONSENT.—It is unlawful 

4 for any person who is not an owner or authorized user 

5 of a protected computer to cause or induce an owner or 

6 authorized user of the protected computer to make files 

7 from a protected computer available to another computer 

8 through a peer-to-peer file sharing program without— 

9 (1) immediately prior to the installation of such 

10 program— 

11 (A) providing clear and conspicuous notice 

12 that such program allows files on the protected 

13 computer to be available for searching and 

14 copying by another computer; and 

15 (B) obtaining the informed consent to the 

16 installation of such program from an owner or 

17 authorized user of the protected computer; and 

18 (2) immediately prior to initial activation of a 

19 file sharing function of such program— 

20 (A) providing clear and conspicuous notice 

21 of which files are to be made available to an22 other computer; and 

23 (B) obtaining the informed consent from 

24 an owner or authorized user of the protected 

25 computer for such files to be made available. 


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1 (b) PREVENTING THE DISABLING OR REMOVAL OF

2 CERTAIN SOFTWARE.—It is unlawful for any person who 

3 is not an owner or authorized user of a protected com4 puter— 

5 (1) to prevent the reasonable efforts of an 

6 owner or authorized user from blocking the installa7 tion of a peer-to-peer file sharing program or func8 tion thereof; or 

9 (2) to fail to provide a reasonable and effective 

10 means to disable or remove from the protected com11 puter any peer-to-peer file sharing program or func12 tion thereof that the person caused to be installed on 

13 that computer or induced another person to install. 

14 SEC. 3. ENFORCEMENT. 

15 (a) UNFAIR AND DECEPTIVE ACTS AND PRAC16 TICES.—A violation of section 2 shall be treated as a viola17 tion of a rule defining an unfair or deceptive act or prac18 tice prescribed under section 18(a)(1)(B) of the Federal 

19 Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). 

20 (b) FEDERAL TRADE COMMISSION ENFORCE21 MENT.—The Federal Trade Commission shall enforce this 

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

23 the same jurisdiction as though all applicable terms and 

24 provisions of the Federal Trade Commission Act were in25 corporated into and made a part of this Act. 


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1 (c) PRESERVATION OF FEDERAL AND STATE AU2 THORITY.—Nothing in this Act shall be construed to limit 

3 or supersede any other Federal or State law. 

4 SEC. 4. DEFINITIONS. 

5 As used in this Act— 

6 (1) the term ‘‘protected computer’’ has the 

7 meaning given such term in section 1030(e)(2) of 

8 title 18, United States Code; and 

9 (2) the term ‘‘peer-to-peer file sharing pro10 gram’’ means computer software that allows the 

11 computer on which such software is installed— 

12 (A) to designate files available for trans13 mission to another computer; 

14 (B) to transmit files directly to another 

15 computer; and 

16 (C) to request the transmission of files 

17 from another computer. 

Æ 


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