FOURTEENTH CONGRESS OF THE REPUBLIC) 
) 
F3 
, LJ 
OF THE PHILIPPINES 
First Regular Session 
) 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
Computer users are increasingly finding soflware installed on their computers that they 
did not know was installed and 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 collect 
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 fiom unscrupulous individuals 
who now use technology 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 shall 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. 


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FOURTEENTH CONGRESS OF THE REPUBLIC) 
C l  
icii -.i: 
CI 
.
,
 
OF THE PHILIPPINES ’ 
) 
First Regular Session 
) 
SENATE 
S. No. 
2053 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
TO REGULATE THE UNAUTHORIZED INSTALLATION 
OF COMPUTER SOFTWARE AND TO REQUIRE THE CLEAR DISCLOSURE 
TO COMPUTER USERS OF CERTAIN COMPUTER SOFTWARE FEATURES 
THAT MAY POSE A THREAT TO USER PRIVACY 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled 
SECTION 1. Short Title. - This Act may be eited as the “Anti-Spyware Act 
2008.” 
SECTION 2. Definition of Terms. - For purposes of this Act, the term: 
1. “Advertisement” means a commercial promotion for a product or service, but 
does not include promotions for products or services that appear on computer 
software help or support pages that are displayed in response to a request by 
the user. 
2. “Advertising feature” means a function of computer software that, when 
installed on a computer, delivers advertisements to the user of that computer. 
3. “Adware” means software which causes advertisements to be displayed on a 
user’s computer. 
4. ‘‘Affirmative consent” means consent expressed through action by the user of 
a computer other than default action specified by the installation sequence and 
independent Erom 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 
lessee of a computer, or someone using or accessing a computer with the 
actual or apparent authorization of the owner or lessee. 
6. “Computer software” means any program designed to cause a computer to 
perform a desired function or functions and does not include any cookie. 
7. “Cookie” means a text file: 
(a) that is placed on a computer by an Internet service provider, interactive 
computer service or Internet website; and 
(b) the sole function of which is to record information that can be read or 
recognized by an Internet service provider, interactive computer service or 
Internet website when the user of the computer uses or accesses such 
provider, service or website. 
8. “Distributed computing feature” means a function of computer software that, 
when installed on a computer, transmits information or messages, other than 
personal or network information about the user of the computer, to any other 
computer without the knowledge or direction of the user and for purposes 
unrelated to the tasks or finctions the user intentionally performs using the 
computer. 
9. “First retail sale” means the first sale of a computer, for a purpose other than 
resale, after the manufacture, production or importation of the computer. For 
purposes of this definition, each subsequent lease of a computer is to be 
considered as a first retail sale. 
10. “Information collection feature” means a function of computer software that, 
when installed on a computer, collects personal or network information about 
the user of the computer and transmits such information to any other party on 
an automatic basis or at the direction of a party other than the user of the 
computer. 
11. “Install” means: 
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(a) to write computer software to a computer’s persistent storage medium, 
such as the computer’s hard disk, in such a way that the computer software 
is retained on the computer after the computer is turned off and 
subsequently restarted; or 
(b) to write computer software to a computer’s temporary memory, such as 
random access memory, in such a way that the software is retained and 
continues to operate after the user of the computer turns off or exits the 
Internet service, interactive computer service or Internet website from 
which the computer software was obtained. 
12. “Network information” means: 
(a) an Internet protocol address or domain name of a user’s computer; or 
(b) a Uniform Resource Locator or other information that identifies Internet 
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; 
7. a birth date, birth certificate number or place of birth; or 
8. any password or access code. 
14. “Settings modification feature” means a function of computer sohare that, 
when installed on a coniputer: 
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1. modifies an existing user setting, without direction from the user of the 
computer, with respect to another computer software application 
previously installed on that computer; or 
2. enables a user setting with respect to another computer software 
application previously installed on that computer to be modified in the 
future without advance notifkation to and consent from the user of the 
computer. 
15. “User of a coniputer” means a computer’s lawful owner or an individual who 
operates a computer with the authorization of the computer’s lawful owner. 
SECTION 3. Requirement of notice prior to installation of software. - It is 
unlawful for any person who is not the user of a computer to install computer software on 
that computer, or to authorize, permit or cause the installation of computer software on 
that computer, unless: 
1. the user of the computer has received notice that satisfies the requirements of 
section 4; and 
2. the user of the computer has granted consent that satisfies the requirements of 
section 5; and 
3. the computer software’s removal procedures satisfy the requirements of 
section 6. 
SECTION 4. Requirement of notice. - For purposes of section 3, notice to the 
user of a computer must: 
1. include a clear notification, displayed on the screen until the user either grants 
or denies consent to installation, of the name and general nature of the 
computer software that will be installed if the user grants consent; and 
2. include a separate disclosure, with respect to each information collection, 
advertising, distributed computing and settings modification feature contained 
in the computer software, that remains displayed on the screen until the user 
either grants or denies consent to that feature; and 
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3. in the case of an information collection feature, provides a clear description 
Of: 
(a) the type of personal or network information to be collected and 
transmitted by the computer software; and 
(b) the purpose for which the personal or network information is to be 
collected, transmitted and used; and 
4. in the case of an advertising feature, provides: 
(a) a representative example of the type of advertisement that may be 
delivered by the computer software; and 
(b) a clear description of the estimated frequency with which each type of 
advertisement may be delivered or the factors on which the frequency will 
depend; 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 sohare will cause the 
computer to transmit; and 
(b) the estimated frequency with which the computer sohare 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 
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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 turn 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; and 
2. separate affirmative consent by the user of the computer to each information 
collection feature, advertising feature, distributed computing feature and 
settings modification feature contained in the computer software. 
SECTION 6. Removal Procedures. - For purposes of section 3, computer 
software must: 
1. appear in the ‘AddRemove Programs’ menu or any like feature, if any, 
provided by each operating system with which the computer sobare 
functions; and 
2. be capable of being removed completely using the normal procedures for 
removing computer software provided by each operating system with which 
the computer software functions; and 
3. in the case of computer software with an advertising feature, include an easily 
identifiable link clearly associated with each advertisement that the software 
causes to be displayed, such that selection of the link by the user of the 
computer generates an on-screen window that informs the user about how to 
tum off the advertising feature or uninstall the computer software. 
SECTION 7. Prohibited Acts. - The following acts are hereby declared prohibited 
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andunlawful: 
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1. Surreptitious installation of software. - It is unlawful for a person who is 
not an authorized user of a computer to cause the installation of software 
on the computer in a manner designed to: 
(a) conceal from the user of the computer the fact that the sobare is 
being installed; or 
@)prevent the user of the computer from having an opportunity to 
knowingly grant or withhold consent to the installation. 
(c) Exceptions: 
i. the installation of software that falls within the scope of a previous 
grant of authorization by an authorized user; or 
ii. the installation of an upgrade to a software program that has 
already been installed on the computer with the authorization of an 
authorized user; or 
iii. the installation of software before the first retail sale of the 
computer. 
2. Deceptive installation of software. - It is unlawful for any person who is 
not the user of a computer to install computer software on that computer, 
or to authorize, permit, or cause the installation of computer software on 
that computer, if the design or operation of the computer software is 
intended, or may reasonably be expected, to confuse or mislead the user of 
the computer concerning the identity of the person or service responsible 
for the functions performed or content displayed by such computer 
software. 
3. Misleading inducements to install software. - It is unlawful for a person 
who is not an authorized user of a computer to induce an authorized user 
of the computer to consent to the installation of software on the computer 
by means of a materially false or misleading representation concerning: 
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(a) the identity of an operator of an Internet website or online service at 
which the software is made available for download from the Internet; 
or 
(b) the identity of the author or publisher of the software; or 
(c) the nature or function of the software; or 
(d) the consequences of not installing the software. 
4. Preventing reasonable efforts to remove software. - It is unlawful for a 
person who is not an authorized user of a computer to authorize or cause 
the installation of software on the computer if the software is designed to 
prevent reasonable efforts by an authorized user of the computer to 
remove or disable the software once it has been installed. 
5. Surreptitious information collection unlawful. - It is unlawll for a person 
who is not an authorized user of a computer to authorize or cause the 
installation on that computer of software that collects information about 
the user of the computer or about the user’s Internet browsing behavior or 
other use of the computer and transmits such information to any other 
person on an automatic basis or at the direction of a person other than an 
authorized user of the computer, if the software’s collection and 
transmission of such information is not functionally related to or in 
support of a software capability or function that an authorized user of the 
computer has chosen or consented to execute or enable, and 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 
@) 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 
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(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 
permit the collection or transmission of information. 
(d) Exception - This section must not be interpreted as prohibiting a 
person from authorizing or causing the installation of software that 
collects and transmits information that is reasonably needed to 
determine whether or not the user of a computer is licensed or 
authorized to use the software. 
6. Intentional transmission of information by user. - Information must not be 
construed as having been collected and transmitted on an automatic basis 
or at the direction of a person other than a user of the computer, within the 
meaning of this Act, if the collection or transmission of the information is 
intentionally initiated by an authorized user for the purpose of allowing 
the direct or indirect access to the information by an intended recipient. 
7. Adware that conceals its operation. - It is unlawhl for a person who is not 
an authorized user of a computer to authorize or cause the installation on 
that computer of software if: 
(a) the software causes advertisements to be displayed to the user: 
(i) at a time when the user is not accessing an Internet website or 
online service operated by the publisher of the software; and 
(ii) in a manner or at a time such that a reasonable user would not 
understand that the software is responsible for delivering the 
advertisements; and 
(b) the advertisements referred to in paragraph (a) do not contain a label or 
other reasonable means of identifying to the user of the computer, each 
time such an advertisement is displayed, which software is responsible 
for the advertisement’s delivery. 
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8. Other practices that thwart user control of computer. - It is unlawful for a 
person who is not an authorized user of a computer, knowingly and 
without the authorization of an authorized user of the computer: 
(a) to utilize the computer to send unsolicited information or material 
from the user’s computer to other computers; or 
(b) to divert an authorized user’s Internet browser away from the Internet 
website the user intended to view to one or more other websites, unless 
such diversion has been authorized by the website the user intended to 
view; or 
(c) to display an advertisement, series of advertisements or other content 
on the computer through Windows in an Internet browser, in such a 
manner that the user of the computer cannot end the display of such 
advertisements or content without turning off the computer or 
terminating all sessions of the Internet browser, provided that this 
paragraph does not apply to the display of content related to the 
functionality or identity of the Internet browser; or 
(d) to covertly modify settings relating to the use of the computer or to the 
computer’s access to or use of the Internet, including: 
(i) altering the default Web page that initially appears when a user of 
the computer launches an Internet browser; or 
(ii) altering the default provider or Web proxy used to access or search 
the Internet; or 
(iii)altering bookmarks used to store Internet website addresses; or 
(iv)altering settings relating to security measures that protect the 
computer and the information stored on the computer against 
unauthorized access or use; and 
(v) removing, disabling, or rendering inoperative security or privacy 
protection technology installed on the computer. 
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SECTION 8. Limitation of ability to remove software. - S o h a r e  that enables an 
authorized user of a computer, such as a parent or system administrator, to choose to 
prevent another user of the same computer from uninstalling or disabling the software is 
not to be considered to prevent reasonable efforts to uninstall or disable the software 
within the meaning of this section, provided that at least one authorized user retains the 
ability to uninstall or disable the software. 
SECTION 9. Limitations on liability. - A person does not commit an offence 
against any provision of this Act solely because the person provided: 
1. the Internet connection, telephone connection or other transmission or routing 
function through which software was delivered to a computer for installation; 
2. the storage or hosting of software or of an Internet website through which 
software was made available for installation to a computer; or 
3. an information location tool, such as a directory, index, reference, pointer or 
hypertext link, through which an authorized user of a computer located 
software available for installation. 
SECTION 10. Network security. - A provider of a network or online service that 
an authorized user of a computer uses or subscribes to has not committed an offence 
against this Act where the purpose of the provider’s action is to: 
1. protect the security of the network, service or computer; or 
2. facilitate diagnostics, technical support, maintenance, network management or 
repair; or 
3. prevent or detect unauthorized, fraudulent or otherwise unlawful uses of the 
network or service. 
SECTION 11. Preinstalled software. - Any provision to the contrary 
notwithstanding, the provisions of this Act shall not apply to a person who installs, or 
authorizes, permits or causes the installation of computer software on a computer before 
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the first retail sale of the computer is deemed to be in compliance with this Act if the 
authorized user of the computer receives notice that would satisfy the requirements of 
section 4 and gants consent that would satisfy the requirements of section 5 prior to: 
1. the initial collection of personal or network information, in the case of any 
information collection feature contained in the computer software; and 
2. the initial generation of an advertisement on the computer, in the case of any 
advertising feature contained in the computer software; and 
3. the initial transmission of information or messages, in the case of any 
distributed computing feature contained in the computer software; and 
4. the initial modification of user settings, in the case of any settings 
modification feature. 
SECTION 12. Penalties. - A person who commits any of the prohibited acts 
enumerated above shall be punishable with a penalty of imprisonment for a period of not 
exceeding 6 months or a fine of not less than Fifty Thousand Pesos (P50,OOO.OO) hut not 
more than One Hundred Thousand Pesos (plOO,OOO.OO), or both, at the discretion of the 
court. 
SECTION 13. Separability Clause. - If any provision, or part hereof, is declared 
invalid or unconstitutional, the remainder of the law not otherwise affected shall remain 
valid and subsisting. 
SECTION 14. Repealing Clause. - Any law, presidential decree or issuance, 
executive order, letter of instruction, administrative order, rule or regulation contrary to 
or inconsistent with, the provisions of this Act, are hereby modified, repealed, or 
amended accordingly. 
SECTION 15. Effectivity Clause. - This Act shall take effect fifteen (15) days 
after its publication in at least two (2) newspapers of general circulation. 
Approved, 
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