SIXTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
Second Regular Session 
SENATE 
S.No. 
2708 
) 
) 
) 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
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'15 
MAR 17 P2 :38 
REGULATING THE UNAUTHORIZED INSTALLATION 
OF COMPUTER SOFTWARE AND REQUIRING THE CLEAR DISCLOSURE 
TO COMPUTER USERS OF CERTAIN COMPUTER SOFTWARE FEATURES 
THAT MAY POSE A THREAT TO USER PRIVACY 
EXPLANATORY NOTE 
Computer users are increasingly finding software 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 from 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 the use of their 
personal computers. It shall protect their privacy and the security of their personal 
information. It shall: 
1 


(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. 
2 


SIXTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
Second Regular Session 
SENATE 
S.No. 
2708 
) 
) 
) 
Introduced by Senator Miriam Defensor Santiago 
'15 
I1AR 17 P 2 :38 
RE('EIVED HY. ___ ~ 
__ 
Be it enacted by the Senate and House 0/ Representatives 0/ the Philippines in 
Congress assembled 
1 
AN ACT 
2 
REGULATING THE UNAUTHORIZED INSTALLATION 
3 
OF COMPUTER SOFTWARE AND REQUIRING THE CLEAR DISCLOSURE 
4 
TO COMPUTER USERS OF CERTAIN COMPUTER SOFTWARE FEATURES 
5 
THAT MAY POSE A THREAT TO USER PRIVACY 
6 
SECTION 1. Short Title. - This Act may be cited as the "Anti-Spyware Act of 
7 
2015." 
8 
SECTION 2. Definition o/Terms. - For purposes of this Act, the term: 
9 
1. "Advertisement" means a commercial promotion for a product or service, 
10 
but does not include promotions for products or services that appear on computer 
11 
software help or support pages that are displayed in response to a request by the user. 
12 
2. "Advertising feature" means a function of computer software that, when 
13 
installed on a computer, delivers advertisements to the user ofthat computer. 
14 
3. "Adware" means software which causes advertisements to be displayed on 
15 
a user's computer. 
16 
4. "Affirmative consent" means consent expressed through action by the user 
17 
of a computer other than default action specified by the installation sequence and 
18 
independent from any other consent solicited from the user during the installation 
19 
process. 
1 


1 
5. "Authorized user", when used with respect to a computer, means the owner 
2 
or lessee of a computer, or someone using or accessing a computer with the actual or 
3 
apparent authorization of the owner or lessee. 
4 
6. "Computer software" means any program designed to cause a computer to 
5 
perform a desired function or functions and does not include any cookie. 
6 
7. "Cookie" means a text file: 
7 
(a) that is placed on a computer by an Internet service provider, 
8 
interactive computer service or Internet website; and 
9 
(b) the sole function of which is to record information that can be read 
10 
or recognized by an Internet service provider, interactive computer service or 
11 
Internet website when the user oftbe computer uses or accesses such provider, 
12 
service or website. 
13 
8. "Distributed computing feature" means a function of computer software 
14 
that, when installed on a computer, transmits information or messages, other than 
15 
personal or network information about the user of the computer, to any other 
16 
computer without the knowledge or direction of the user and for purposes unrelated 
17 
to the tasks or functions the user intentionally performs using tbe computer. 
18 
9. "First retail sale" means the first sale of a computer, for a purpose other 
19 
than resale, after the manufacture, production or importation of the computer. For 
20 
purposes of this definition, each subsequent lease of a computer is to be considered 
21 
as a first retail sale. 
22 
10. "Information collection feature" means a function of computer software 
23 
that, when installed on a computer, collects personal or network information about 
24 
the user of the computer and transmits such information to any other party on an 
25 
automatic basis or at the direction of a party other than the user of the computer. 
26 
11. "Install" means: 
2 


1 
a. To write computer software to a computer's persistent storage 
2 
medium, such as the computer's hard disk, in such a way that the computer 
3 
software is retained on the computer after the computer is turned off and 
4 
subsequently restarted; or 
5 
b. To write computer software to a computer's temporary memory, 
6 
such as random access memory, in such a way that the software is retained 
7 
and continues to operate after the user of the computer turns off or exits the 
8 
Internet service, interactive computer service or Internet website from which 
9 
the computer software was obtained. 
10 
12. "Network information" means: 
11 
a. An Internet protocol address or domain name of a user's computer; 
12 
or 
13 
b. A Uniform Resource Locator or other information that identifies 
14 
Internet web sites or other online resources accessed by a user of a computer. 
15 
13. "Personal information" means: 
16 
a. A first and last name, whether given at birth or adoption, assumed or 
17 
legally changed; 
18 
b. A home or other physical address including street name, name of a 
19 
city or town and postcode; 
20 
c. An electronic mail address or online username; 
21 
d. A telephone number; 
22 
e. Any personal identification number; 
23 
f. A credit card number, including the access code associated with the 
24 
credit card or both; 
25 
g. A birth date, birth certificate number or place of birth; or 
26 
h. Any password or access code. 
3 


1 
14. "Settings modification feature" means a function of computer software 
2 
that, when installed on a computer: 
3 
a. Modifies an existing user setting, without direction from the user of the 
4 
computer, with respect to another computer software application previously installed 
5 
on that computer; or 
6 
b. Enables a user setting with respect to another computer software application 
7 
previously installed on that computer to be modified in the future without advance 
8 
notification to and consent from the user of the computer. 
9 
15. "User of a computer" means a computer's lawful owner or an individual 
10 
who operates a computer with the authorization of the computer's lawful owner. 
11 
SECTION 3. Requirement of notice prior to installation of software. - It is 
12 
unlawful for any person who is not the user of a computer to install computer 
13 
software on that computer, or to authorize, permit or cause the installation of 
14 
computer software on that computer, unless: 
15 
a. The user of the computer has received notice that satisfies the requirements 
16 
of Section 4; and 
17 
b. The user of the computer has granted consent that satisfies the requirements 
18 
of Section 5; and 
19 
3. The computer software's removal procedures satisfY the requirements of 
20 
Section 6. 
21 
SECTION 4. Requirement of notice. - For purposes of Section 3, notice to the 
22 
user of a computer must: 
4 


1 
1. Include a clear notification, displayed on the screen until the user either 
2 
grants or denies consent to installation, of the name and general nature of the 
3 
computer software that will be installed if the user grants consent; and 
4 
2. Include a separate disclosure, with respect to each information collection, 
5 
advertising, distributed computing and settings modification feature contained in the 
6 
computer software, that remains displayed on the screen until the user either grants or 
7 
denies consent to that feature; and 
8 
9 
of: 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
3. In the case of an information collection feature, provides a clear description 
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 software will 
cause the computer to transmit; and 
5 


1 
h. The estimated frequency with which the computer software will 
2 
cause the computer to transmit such messages or information or the factors on 
3 
which the frequency will depend; and 
4 
c. The estimated volume of such information or messages, and the 
5 
likely impact, if any, on the processing or communications capacity of the 
6 
user's computer; and 
7 
d. The nature, volume and likely impact on the computer's processing 
8 
capacity of any computational or processing tasks the computer software will 
9 
cause :the computer to perform in order to generate the information or 
10 
messages the computer software will cause the computer to transmit; and 
11 
6. In the case of a settings modification feature, provides a clear description of 
12 
the nature of the modification, its function and any collateral effects the modification 
13 
may produce,iand procedures the user may follow to turn off such feature or uninstall 
i 
14 
the computer software. 
15 
SECTION 5. Requirement of Consent. -For purposes of Section 3, consent 
16 
means: 
17 
1. Consent by the user of the computer to the installation of the computer 
18 
software; and 
19 
2. Separate affirmative consent by the user of the computer to each 
20 
information collection feature, advertising feature, distributed computing feature and 
21 
settings modification feature contained in the computer software. 
22 
SECTION 6. Removal Procedures. - For purposes of Section 3, computer 
23 
software must: 
6 


1 
l. Appear in the 'Add/Remove Programs' menu or any like feature, if any, 
2 
provided by each operating system with which the computer software functions; and 
3 
2. Be capable of being removed completely using the normal procedures for 
4 
removing computer software provided by each operating system with which the 
5 
computer software functions; and 
6 
3. In the case of computer software with an advertising feature, include an 
7 
easily identifiable link clearly associated with each advertisement that the software 
8 
causes to be displayed, such that selection of the link by the user of the computer 
9 
generates an on-screen window that informs the user about how to turn off the 
10 
advertising feature or uninstall the computer software. 
11 
SECTION 7. Prohibited Acts. - The following acts are hereby declared 
12 
prohibited and unlawful: 
13 
1. Surreptitious installation of software. - It is unlawful for a person who is not 
14 
an authorized user of a computer to cause the installation of software on the computer 
15 
in a manner designed to: 
16 
a. Conceal from the user of the computer the fact that the software is 
17 
being installed; or 
18 
b. Prevent the user of the computer from having an opportunity to 
19 
knowingly grant or withhold consent to the installation. 
20 
c. Exceptions: 
21 
i. the installation of software that falls within the scope of a 
22 
previous grant of authorization by an authorized user; or 
23 
ii. the installation of an upgrade to a software program that has 
24 
already been installed on the computer with the authorization of an 
25 
authorized user; or 
7 


1 
iii. the installation of software before the first retail sale of the 
2 
computer. 
3 
2. Deceptive installation of software. - It is unlawful for any person who is not 
4 
the user of a computer to install computer software on that computer, or to authorize, 
5 
permit, or cause the installation of computer software on that computer, if the design 
6 
or operation of the computer software is intended, or may reasonably be expected, to 
7 
confuse or mislead the user of the computer concerning the identity of the person or 
8 
service responsible for the functions performed or content displayed by such 
9 
computer software. 
10 
3. Misleading inducements to install software. - It is unlawful for a person 
11 
who is not an authorized user of a computer to induce an authorized user of the 
12 
computer to consent to the installation of software on the computer by means of a 
13 
materially false or misleading representation concerning: 
14 
a. The identity of an operator of an Internet website or online service at 
15 
which the software is made available for download from the Internet; or 
16 
b. The identity of the author or publisher of the software; or 
17 
c. The nature or function of the software; or 
18 
d. The consequences of not installing the software. 
19 
4. Preventing reasonable efforts to remove software. - It is unlawful for a 
20 
person who is not an authorized user of a computer to authorize or cause the 
21 
installation of software on the computer if the software is designed to prevent 
22 
reasonable efforts by an authorized user of the computer to remove or disable the 
23 
software once it has been installed. 
24 
5. Surreptitious information collection unlawful. - It is unlawful for a person 
25 
who is not an authorized user of a computer to authorize or cause the installation on 
26 
that computer of software that collects infonnation about the user of the computer or 
8 


1 
about the user's internet browsing behavior or other use of the computer and 
2 
transmits such information to any other person on an automatic basis or at the 
3 
direction of a person other than an authorized user of the computer, if the software's 
4 
collection and transmission of such information is not functionally related to or in 
5 
support of a software capability or function that an authorized user of the computer 
6 
has chosen or consented to execute or enable, and either: 
7 
a. There has been no notification, prior to the software beginning to 
8 
collect and transmit such information, to an authorized user of the computer 
9 
explaining the type of information the software will collect and transmit and 
10 
the types of ways the information may be used and distributed; or 
11 
b. Notification pursuant to paragraph (a) was not provided in a manner 
12 
reasonably calculated to provide actual notice to an authorized user of the 
13 
computer; or 
14 
c. Notification pursuant to paragraph (a) occurred at a time or in a 
15 
manner that did not enable an authorized user of the computer to consider the 
16 
information contained in the notification before choosing whether to permit 
17 
the collection or transmission of information. 
18 
d. Exception - This section must not be interpreted as prohibiting a 
19 
person from authorizing or causing the installation of software that collects 
20 
and transmits information that is reasonably needed to determine whether or 
21 
not the user of a computer is licensed or authorized to use the software. 
22 
6. Intentional transmission of information by user. - Information must not be 
23 
construed as having been collected and transmitted on <l;n automatic basis or at the 
24 
direction of a person other than a user of the computer, within the meaning of this 
25 
Act, if the collection or transmission of the information is intentionally initiated by an 
9 


1 
authorized user for the purpose of allowing the direct or indirect access to the 
2 
information by an intended recipient. 
3 
7. Adware that conceals its operation. - It is unlawful for a person who is not 
4 
an authorized user of a computer to authorize or cause the installation on that 
5 
computer of software if: 
6 
a. The software causes advertisements to be displayed to the user: 
7 
i. at a time when the user is not accessing an Internet website or 
8 
online service operated by the publisher of the software; and 
9 
ii. in a manner or at a time such that a reasonable user would not 
10 
understand that the software is responsible for delivering the 
11 
advertisements; and 
12 
b. The advertisements referred to in paragraph (a) do not contain a label 
13 
or other reasonable means of identifYing to the user of the computer, each time 
14 
such an advertisement is displayed, which software is responsible for the 
15 
advertisement's delivery. 
16 
8. Other practices that thwart user control of computer. - It is unlawful for a 
17 
person who is not an authorized user of a computer, knowingly and without the 
18 
authorization of an authorized user of the computer: 
19 
a. To utilize the computer to send unsolicited information or material 
20 
from the user's computer to other computers; or 
21 
b. To divert an authorized user's internet browser away from the 
22 
internet website the user intended to view to one or more other web sites, 
23 
unless such diversion has been authorized by the website the user intended to 
24 
view; or 
25 
c. To display an advertisement, series of advertisements or other 
26 
content on the computer through Windows in an internet browser, in such a 
10 


1 
manner that the user of the computer cannot end the display of such 
2 
advertisements or content without turning off the computer or terminating all 
3 
sessions of the Internet browser, provided that this paragraph does not apply to 
4 
the display of content related to the functionality or identity of the Internet 
5 
browser; or 
6 
d. To covertly modify settings relating to the use of the computer or to 
7 
the computer's access to or use of the Internet, including: 
8 
i. altering the default Web page that initially appears when a 
9 
user of the computer launches an Internet browser; or 
10 
ii. altering the default provider or Web proxy used to access or 
11 
search the Internet; or 
12 
iii. altering bookmarks used to store Internet website addresses; 
13 
or 
14 
iv. altering settings relating to security measures that protect the 
15 
computer and the information stored on the computer against 
16 
unauthorized access or use; and 
17 
v. removing, disabling, or rendering inoperative security or 
18 
privacy protection technology installed on the computer. 
19 
SECTION 8. Limitation of ability to remove software. - Software that enables 
20 
an authorized user of a computer, such as a parent or system administrator, to choose 
21 
to prevent another user of the same computer from uninstalling or disabling the 
22 
software is not to be considered in order to prevent reasonable efforts to uninstall or 
23 
disable the software within the meaning of this section, provided that at least one 
24 
authorized user retains the ability to uninstall or disable the software. 
11 


1 
SECTION 9. Limitations on liability. - A person does not commit an offence 
2 
against any provision of this Act solely because the person provided: 
3 
1. The internet connection, telephone connection or other transmission or 
4 
routing function through which software was delivered to a computer for installation; 
5 
2. The storage or hosting of software or of an internet website through which 
6 
software was made available for installation to a computer; or 
7 
3. An information location tool, such as a directory, index, reference, pointer 
8 
or hypertext link, through which an authorized user of a computer located software 
9 
available for installation. 
10 
SECTION 10. Network security. - A provider of a network or online service 
11 
that an authorized user of a computer uses or subscribes to has not committed an 
12 
offence against this Act where the purpose of the provider's action is to: 
13 
1. Protect the security of the network, service or computer; or 
14 
2. Facilitate diagnostics, technical support, maintenance, network management 
15 
or repair; or 
16 
3. Prevent or detect unauthorized, fraudulent or otherwise unlawful uses of the 
17 
network or service. 
18 
SECTION 11. Pre-installed software. - Any provision to the contrary 
19 
notwithstanding, the provisions of this Act shall not apply to a person who installs, or 
20 
authorizes, permits or causes the installation of computer software on a computer 
21 
before the first retail sale of the computer is deemed to be in compliance with this 
22 
Act if the authorized user of the computer receives notice that would satisfy the 
23 
requirements of Section 4 and grants consent that would satisfy the requirements of 
24 
Section 5 prior to: 
12 


1 
1. The initial collection of personal or network information, in the case 
2 
of any information collection feature contained in the computer software; and 
3 
2. The initial generation of an advertisement on the computer, in the 
4 
case of any advertising feature contained in the computer software; and 
5 
3. The initial transmission of information or messages, in the case of 
6 
any distributed computing feature contained in the computer software; and 
7 
4. The initial modification of user settings, in the case of any settings 
8 
modification feature. 
9 
SECTION 12. Penalties. - A person who commits any of the prohibited acts 
10 
enumerated above shall be punishable with a penalty of imprisonment for a period of 
11 
not exceeding 6 months or a fine of not less than Fifty Thousand Pesos (P50,000.00) 
12 
but not more than One Hundred Thousand Pesos (PlOO,OOO.OO), or both, at the 
13 
discretion of the court. 
14 
SECTION 13. Separability Clause. - If any provision, or part hereof, is 
15 
declared invalid or unconstitutional, the remainder of the law not otherwise affected 
16 
shall remain valid and subsisting. 
17 
SECTION 14. Repealing Clause. - Any law, presidential decree or issuance, 
18 
executive order, letter of instruction, administrative order, rule or regulation contrary 
19 
to or inconsistent with, the provisions of this Act, are hereby modified, repealed, or 
20 
amended accordingly. 
21 
SECTION 15. Effectivity Clause. - This Act shall take effect fifteen (15) days 
22 
after its publication in at least two (2) newspapers of general circulation. 
13 


Approved, 
IdpmMarch2015 
14