FIFTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
SEN~Tll 
S.No. UJ63 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
Computer users are increasingly finding software installed on their computers that they 
did not know was installed imd that they cannot uninstall. Moreover, there is an increasing 
capacity and tendency for users of the Internet to have unauthorized software surreptitiously 
installed on their computers without their knowledge. There are reports that technology has now 
freely made available predatory and eavesdropping software which has the capacity to coHect 
and transfer data from a user's computer to another computer without the knowledge of the user. 
It is the responsibility of the State to protect its citizens from unscrupulous individuals 
who now use teclmology and the internet to take advantage of unknowing customers. This bill 
aims to protect computer users by providing them with the ability to make an informed decision 
with regards to matters affecting their use of their personal computers. It shaH protect their 
privacy and the security of their personal information. It shall: 
(a) regulate the unauthorized or surreptitious installation of computer software; 
(b) require the clear disclosure to computer users of certain computer software features 
that may pose a threat to a user's privacy or the speed or operation of their computer; 
(c) give computer users the rights and capacity to: 
(i) know what software is being installed on their computer; 
(ii) refuse to have the software installed; and 
(iii)be able to uninstall any software.l 
, 
I This bill was originally filed during the Fourteenth Congress, First Regular session. 
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FIFTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENATE 
S. No. 1963 
Introduced by Senator Miriam Defensor Santiago 
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AN ACT 
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TO REGULATE THE UNAUTHORIZED INSTALLATION OF COMPUTER 
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SOFTWARE AND TO REQUIRE THE CLEAR DISCLOSURE TO COMPUTER 
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USERS OF CERTAIN COMPUTER SOFTWARE FEATURES THAT MAY POSE A 
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THREAT TO USER PRIVACY 
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Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled 
SECTION 1. Short Title. - This Act may be cited as the "Anti-Spyware Act." 
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SECTION 2. Definition of Terms. - For purposes of this Act, the term: 
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1. "Advertisement" means a commercial promotion for a product or service, but does 
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not include promotions for products or services that appear on computer software help or 
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support pages that are displayed in response to a request by the user. 
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2. "Advertising feature" means a function of computer software that, when installed 
, 
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on a computer, delivers advertisements to the user of that computer. 
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3. "Adware" means software which causes advertisements to be displayed on a 
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user's computer. 
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4. "Affirmative consent" means consent expressed through action by the user of a 
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computer other than default action specified by the installation sequence and independent 
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from any other consent solicited from the user during the installation process. 
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5. "Authorized user", when used with respect to a computer, means the owner or 
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lessee of a computer, or someone using or accessing a computer with the actual or apparent 
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authorization of the owner or lessee. 
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6. "Computer software" means any program designed to cause a computer to 
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perform a desired function or functions and does not include any cookie. 
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7. "Cookie" means a text file: 
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(a) that is placed on a computer by an Internet service provider, interactive 
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computer service or Internet website; and 
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(b) the sole function of which is to record information that can be read or 
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recognized by an Internet service provider, interactive computer service or Internet 
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website when the user of the computer uses or accesses such provider, service or 
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weBsite. 
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3. "Distributed computing feature" means a function of computer software that, 
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when installed on a computer, transmits information or messages, other than personal or 
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network information about the user of the computer, to any other computer without the 
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knowledge or direction of the user and for purposes unrelated to the tasks or functions the 
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user intentionally performs using the computer. 
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9. "First retail sale" means the first sale of a computer, for a purpose other than 
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resale, after the manufacture, production or importation of the computer. For purposes of 
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this definition, each subsequent lease of a computer is to be considered as a first retail sale. 
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10. "Information collection feature" means a function of computer software that, 
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when installed on a computer, collects personal or network information about the user of the 
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computer and transmits such information to any other party on an automatic basis or at the 
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direction of a party other than the user of the computer. 
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11. "Install" means: 
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(a) to write computer software to a computer's persistent storage medium, 
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such as the computer's hard disk, in such a way that the computer software is 
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retained on the computer after the computer is turned off and subsequently restarted; 
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or (b) to write computer software to a computer's temporary memory, such as 
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random access memory, in such a way that the software is retained and continues to 
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operate after the user of the computer turns off or exits the Internet service, 
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interactive computer service or Internet website from which the computer software 
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was obtained. 
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12. "Network information" means: 
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(a) an Internet protocol address or domain name of a user's computer; or 
(b) a Uniform Resource Locator or other information that identifies Iuternet 
web sites or other online resources accessed by a user of a computer. 
13. "Personal information" means: 
1. a first and last name, whether given at birth or adoption, assumed or legally 
changed; 
2. a home or other physical address including street name, name of a city or 
town and postcode; 
3. an electronic mail address or online username; 
4. a telephone number; 
5. any personal identification number; 
6. a credit card number, my access code associated with the credit card or 
both; 
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7. a birth date, birth certificate number or place of birth; or 
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8. any password or access code. 
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14. "Settings modification feature" means a function of computer software that, 
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when installed on a computer: 
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I. modifies an existing user setting, without direction from the user of the 
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computer, with respect to another computer software application previously installed 
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on that computer; or 
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2. enables a user setting with respect to another computer software 
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application previously installed on that computer to be modified in the future without 
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advance notification to and consent from the user of the computer. 
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IS. "User of a computer" means a computer's lawful owner or an individual who 
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operates a computer with the authorization of the computer's lawful owner. 
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SECTION 3. Requirement of notice prior to installation of software. - It is unlawful 
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for any person who is not the user of a computer to install computer software on that 
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computer, or to authorize, permit or cause the installation of computer software on that 
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computer, unless: 
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1. the user of the computer has received notice that satisfies the requirements of 
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section 4; and 
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2. the user of the computer has granted consent that satisfies the requirements of 
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section 5; and 3. the computer software's removal procedures satisfy the requirements of 
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section 6. 
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SECTION 4. Requirement of notice. - For purposes of section 3, notice to the user of 
lOa computer must: 
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1. include a clear notification, displayed on the screen until the user either grants or 
12 
denies consent to installation, of the name and general nature of the computer software that 
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will be installed if the user grants consent; and 
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2. include a separate disclosure, with respect to each information collection, 
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advertising, distributed computing and settings modification feature contained in the 
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computer software, that remains displayed on the screen until the user either grants or denies 
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consent to that feature; and 
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3. in the case of an information collection feature, provides a clear description of: 
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(a) the type of personal or network information to be collected and 
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transmitted by the computer software; and 
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(b) the purpose for which the personal or network infommtion is to be 
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collected, transmitted and used; and 
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4. in the case of an advertising feature, provides: 
, 
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(a) a representative example of the type of advertisement that may be 
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delivered by the computer software; and 
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(b) a clear description of the estimated frequency with which each type of 
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advertisement may be delivered or the factors on which the frequency will depend; 
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and 
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and 
( c) a clear description of how the user can distinguish each type of 
advertisement that the computer software delivers from advertisements generated by 
other software, Internet website operators or services; and 
5. in the case of a distributed computing feature, provides a clear description of: 
(a) the types of information or messages the computer software will cause the 
computer to transmit; and 
(b) the estimated frequency with which the computer software will cause the 
computer to transmit such messages or information or the factors on which the 
frequency will depend; and 
(c) the estimated volume of such information or messages, and the likely 
impact, if any, on the processing or communications capacity of the user's computer; 
and 
(d) the nature, volume and likely impact on the computer's processing 
capacity of any computational or processing tasks the computer software will cause 
the computer to perform in order to generate the information or messages the 
computer software will cause the computer to transmit; and 
6. in the case of a settings modification feature, provides a clear description of the 
nature of the modification, its function and any collateral effects the modification 
may produce, and procedures the user may follow to tum off such feature or uninstall 
the computer software. 
SECTION 5. Requirement of Consent. -For purposes of section 3, consent means: 
1. consent by the user of the computer to the installation of the computer software; 
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2. separate affirmative consent by the user of the computer to each information 
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collection feature, advertising feature, distributed computing feature and settings 
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modification feature contained in the computer software. 
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SECTION 6. Removal Procedures. - For purposes of section 3, computer software 
, 
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must: 
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1. appear in the 'Add/Remove Programs' menu or any like feature, if any, provided 
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by each operating system with which the computer software functions; and 
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2. be capable of being removed completely using the nonnal procedures for 
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removing computer software provided by each operating system with which the computer 
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software functions; and 
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3. in the case of computer software with an advertising feature, include an easily 
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identifiable link clearly associated with each advertisement that the software causes to be 
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displayed, such that selection of the link by the user of the computer generates an on-screen 
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window that infonns the user about how to tum off the advertising feature or uninstall the 
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computer software. 
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SECTION 7. Prohibited Acts. - The following acts are hereby declared prohibited 
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and unlawful: 
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1. Surreptitious installation of software. - It is unlawful for a person who is not an 
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authorized user of a computer to cause the installation of software on the computer in a 
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manner designed to: 
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(a) conceal from the user of the computer the fact that the software is being 
20 
installed; or 
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(b)prevent the user of the computer from having an opportunity to knowingly 
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grant or withhold consent to the installation. 
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(c) Exceptions: 
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i. the installation of software that falls within the scope of a previous 
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grant of authorization by an authorized user; or 
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ii. the installation of an upgrade to a software program that has 
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already been installed on the computer with the authorization of an 
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authorized user; or 
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111. the installation of software before the first retail sale of the 
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computer. 
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2. Deceptive installation of software. - It is unlawful for any person who is not the 
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user of a computer to install computer software on that computer, or to authorize, permit, or 
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cause the installation of computer software on that computer, if the design or operation of 
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the computer software is intended, or may reasonably be expected, to confuse or mislead the 
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user of the computer concerning the identity of the person or service responsible for the 
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functions performed or content displayed by such computer software. 
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3. Misleading inducements to install software. - It is unlawful for a person who is not 
lOan authorized user of a computer to induce an authorized user of the computer to consent to 
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the installation of software on the computer by means of a materially false or misleading 
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representation concerning: 
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(a) the identity of an operator of an Internet website or online service at 
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which the software is made available for download from the Internet; or 
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(b) the identity of the author or publisher of the software; or 
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( c) the nature or function of the software; or 
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(d) the consequences of not installing the software. 
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4. Preventing reasonable efforts to remove software. - It is unlawful for a person who 
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is not an authorized user of a computer to authorize or cause the installation of software on 
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the computer if the software is designed to prevent reasonable efforts by an authorized user 
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of the computer to remove or disable the software once it has been installed. 
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5. Surreptitious information collection unlawful. - It is unlawful for a person who is 
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not an authorized user of a computer to authorize or cause the installation on that computer 
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of software that collects information about the user of the computer or about the user's 
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Internet browsing behavior or other use of the computer and transmits such information to 
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any other person on an automatic basis or at the direction of a person other than an 
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authorized user of the computer, if the software's collection and transmission of such 
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information is not functionally related to or in support of a software capability or function 
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that an authorized user of the computer has chosen or consented to execute or enable, and 
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either: 
(a) there has been no notification, prior to the software beginning to collect 
and transmit such information, to an authorized user of the computer explaining the 
type of information the software will collect and transmit and the types of ways the 
information may be used and distributed; or 
b) notification pursuant to paragraph (a) was not provided in a manner 
reasonably calculated to provide actual notice to an authorized user of the computer; 
or 
(c) notification pursuant to paragraph (a) occurred at a time or in a manner 
that did not enable an authorized user of the computer to consider the information 
contained in the notification before choosing whether to pennit the collection or 
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transmission of information. 
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(d) Exception - This section must not be interpreted as prohibiting a person 
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from authorizing or causing the installation of software that collects and transmits 
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information that is reasonably needed to determine whether or not the user of a 
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computer is licensed or authorized to use the software. 
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6. intentional transmission of information by user. - Infonnation must not be 
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construed as having been collected and transmitted on an automatic basis or at the direction 
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of a person other than a user of the computer, within the meaning of this Act, if the 
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collection or transmission of the information is intentionally initiated by an authorized user 
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for the purpose of allowing the direct or indirect access to the information by an intended 
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recipient. 
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7. Adware that conceals its operation. - It is unlawful for a person who is not an 
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authorized user of a computer to authorize or cause the installation on that computer of 
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software if: 
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(a) the software causes advertisements to be displayed to the user: 
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(i) at a time when the user is not accessing an Internet website or 
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online service operated by the publisher of the software; and 
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(ii) in a manner or at a time such that a reasonable user would not 
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understand that the software is responsible for delivering the advertisements; 
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and 
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(b) the advertisements referred to in paragraph (a) do not contain a label or 
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other reasonable means of identifying to the user of the computer, each time such an 
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advertisement is displayed, which software is responsible for the advertisement's 
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delivery. 
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8. Other practices that thwart user control of computer. - It is unlawful for a person 
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who is not an authorized user of a computer, knowingly and without the authorization of an 
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authorized user of the computer: 
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(a) to utilize the computer to send unsolicited information or material from 
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the user's computer to other computers; or 
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(b) to divert an authorized user's Internet browser away from the Internet 
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website the user intended to view to one or more other websites, unless such 
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diversion has been authorized by the website the user intended to view; or 
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(c) to display an advertisement, series of advertisements or other content on 
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the computer through Windows in an Internet browser, in such a manner that the user 
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of the computer cannot end the display of such advertisements or content without 
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turning off the computer or terminating all sessions of the Internet browser, provided 
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that this paragraph does not apply to the display of content related to the 
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functionality or identity of the Internet browser; or 
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(d) to covertly modify settings relating to the use of the computer or to the 
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computer's access to or use of the Internet, including: 
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(i) altering the default Web page that initially appears when a user of 
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the computer launches an Internet browser; or 
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(ii) altering the default provider or Web proxy used to access or 
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search the Internet; or 
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(iii)altering bookmarks used to store Internet website addresses; or 
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(iv)altering settings relating to security measures that protect the 
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computer and the information stored on the computer against 
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unauthorized access or use; and 
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(v) removing, disabling, or rendering inoperative security or privacy 
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protection technology installed on the computer. 
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SECTION 8. Limitation of ability to remove software. - Software that enables an 
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authorized user of a computer, such as a parent or system administrator, to choose to prevent 
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another user of the same computer from uninstalling or disabling the software is not to be 
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considered to prevent reasonable efforts to uninstaU or disable the software within the 
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meaning of this section, provided that at least one authorized user retains the ability to 
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uninstall or disable the software. 
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SECTION 9. Limitations on liability. - A person does not commit an offence against 
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any provision ofthis Act solely because the person provided: 
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1. the Internet connection, telephone connection or other transmission or routing 
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function.through which software was delivered to a computer for installation; 
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2. the storage or hosting of software or of an Internet website through which software 
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was made available for installation to a computer; or 
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3. an information location tool, such as a directory, index, reference, pointer or 
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hypertext link, through which an authorized user of a computer located software available 
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for installation. 
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SECTION 10. Network security. - A provider of a network or online service that an 
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authorized user of a computer uses or subscribes to has not committed an offence against 
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this Act where the purpose ofthe provider's action is to: 
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1. protect the security of the network, service or computer; or 
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2. facilitate diagnostics, technical support, maintenance, network management or 
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repair; or 
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3. prevent or detect unauthorized, fraudulent or otherwise unlawful uses of the 
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network or service. 
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SECTION 
11. 
Preinstalled software. 
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Any provision to 
the 
contrary 
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notwithstanding, the provisions of this Act shall not apply to a person who installs, or 
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authorizes, permits or causes the installation of computer software on a computer before the 
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first retail sale of the computer is deemed to be in compliance with this Act if the authorized 
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user of the computer receives notice that would satisfy the requirements of section 4 and 
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gants consent that would satisfy the requirements of section 5 prior to: 
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1. the initial collection of personal or network information, in the case of any 
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information collection feature contained in the computer software; and 
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2. the initial generation of an advertisement on the computer, in the case of 
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any advertising feature contained in the computer software; and 
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3. the initial transmission of information or messages, in the case of any 
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distributed computing feature contained in the computer software; and 
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4. the initial modification of user settings, in the case of any settings 
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modification feature. 
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SECTION 12. Penalties. - A person who commits any of the prohibited acts 
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enumerated above shall be punishable with a penalty of imprisonment for a period of not 
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exceeding 6 months or a fine of not less than Fifty Thousand Pesos (p50,000.OO) but not 
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more than One Hundred Thousand Pesos (PIOO,OOO.OO), or both, at the discretion of the 
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court. 
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SECTION 13. Separability Clause. - If any provision, or part hereof, is declared 
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invalid or unconstitutional, the remainder of the law not otherwise affected shall remain 
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valid and subsisting. 
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SECTION 14. Repealing Clause. - Any law, presidential decree or issuance, 
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executive order, letter of instruction, administrative order, rule or regulation contrary to or 
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inconsistent with, the provisions of this Act, are hereby modified, repealed, or amended 
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accordingly. 
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SECTION 15. Effectivity Clause. - This Act shall take effect fifteen (15) days after 
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its publication in at least two (2) newspapers of general circulation. 
Approved, 
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