I 
116TH CONGRESS 
2D SESSION 
H. R. 6570 
To require software marketplace operators and developers of covered foreign 
software to provide to consumers a warning prior to the download of 
such software, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 21, 2020 
Mr. BANKS introduced the following bill; which was referred to the Committee 
on Energy and Commerce 
A BILL 
To require software marketplace operators and developers 
of covered foreign software to provide to consumers a 
warning prior to the download of such software, and 
for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Online Consumer Pro-
tection Act of 2020’’. 
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SEC. 2. CONSUMER WARNING AND ACKNOWLEDGMENT FOR 
DOWNLOAD OF COVERED FOREIGN SOFT-
WARE. 
(a) IN GENERAL.—A software marketplace operator 
or developer of covered foreign software may not— 
(1) permit a consumer to download covered for-
eign software unless, before the download begins— 
(A) a warning that meets the requirements 
of subsection (b) is displayed to the consumer, 
separately from any privacy policy, terms of 
service, or other notice; and 
(B) the consumer is required to choose (by 
taking an affirmative step such as clicking on 
a button) between the options of— 
(i) acknowledging such warning and 
proceeding with the download; or 
(ii) cancelling the download; or 
(2) make available covered foreign software for 
download by consumers unless the operator or devel-
oper has in place procedures to ensure compliance 
with paragraph (1). 
(b) REQUIREMENTS FOR WARNING.— 
(1) IN
GENERAL.—A warning meets the re-
quirements of this subsection if such warning reads 
as follows (with the italicized language being re-
placed and the other bracketed language being in-
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cluded or deleted, as appropriate for the covered for-
eign software regarding which the warning is being 
given, and the brackets removed): ‘‘Warning: [Name 
of Covered Foreign Software] is developed by [Name 
of Developer of Covered Foreign Software], which [is 
controlled by a company that] [is organized under 
the laws of]/[conducts its principal operations in]/[is 
organized under the laws of and conducts its prin-
cipal operations in] [Name of Covered Country]. 
Please either [insert description of how to acknowl-
edge the warning and proceed with the download] if 
you wish to proceed with the download or [insert de-
scription of how to cancel the download] if you wish 
to cancel the download.’’. 
(2) ALTERNATIVE
WARNINGS.—The Commis-
sion may by regulation specify that a warning other 
than the warning provided in paragraph (1) meets 
the requirements of this subsection, as the Commis-
sion considers appropriate. 
(c) LIABILITY OF SOFTWARE DEVELOPER.—In the 
case of a violation of subsection (a) by a software market-
place operator, if the developer of the covered foreign soft-
ware with respect to which the violation was committed 
did not inform the software marketplace operator that the 
software is covered foreign software, the developer (as well 
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as the software marketplace operator) shall be considered 
to have committed the violation. 
(d) ENFORCEMENT BY FEDERAL TRADE COMMIS-
SION.— 
(1) UNFAIR
OR
DECEPTIVE
ACTS
OR
PRAC-
TICES.—A violation of this section or a regulation 
promulgated under this section shall be treated as a 
violation of a regulation under section 18(a)(1)(B) 
of the Federal Trade Commission Act (15 U.S.C. 
57a(a)(1)(B)) regarding unfair or deceptive acts or 
practices. 
(2) POWERS
OF
COMMISSION.—The Commis-
sion shall enforce this section and the regulations 
promulgated under the section in the same manner, 
by the same means, and with the same jurisdiction, 
powers, and duties as though all applicable terms 
and provisions of the Federal Trade Commission Act 
(15 U.S.C. 41 et seq.) were incorporated into and 
made a part of this Act. Any person who violates 
this section or a regulation promulgated under this 
section shall be subject to the penalties and entitled 
to the privileges and immunities provided in the 
Federal Trade Commission Act. 
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(3) REGULATIONS.—The Commission may pro-
mulgate regulations under section 553 of title 5, 
United States Code, to carry out this section. 
(e) CRIMINAL OFFENSE.— 
(1) CORPORATE OFFENSE.—Whoever, being a 
software marketplace operator or developer of cov-
ered foreign software, knowingly violates subsection 
(a) shall be fined $50,000 for each violation. 
(2) INDIVIDUAL OFFENSE.—Whoever, being an 
officer of a software marketplace operator or devel-
oper of covered foreign software, causes a violation 
of subsection (a) with the intent to conceal the coun-
try in which software is developed, shall be fined 
under title 18, United States Code, imprisoned not 
more than 2 years, or both. 
(3) APPLICATION.—This subsection shall apply 
with respect to conduct occurring during the period 
beginning on the date of enactment of this Act and 
ending on the date on which this section ceases to 
have any force or effect under subsection (g). 
(f) REPORT TO CONGRESS.—Not later than 8 years 
after the date of the enactment of this Act, the Commis-
sion, in consultation with the Attorney General, shall sub-
mit to Congress a report on the implementation and en-
forcement of this section. 
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(g) SUNSET.—This section shall cease to have any 
force or effect on the date that is 10 years after the date 
of the enactment of this Act. 
(h) DEFINITIONS.—In this section: 
(1) COMMISSION.—The term ‘‘Commission’’ 
means the Federal Trade Commission. 
(2) COVERED COUNTRY.— 
(A) IN
GENERAL.—The term ‘‘covered 
country’’ means— 
(i) China, Russia, North Korea, Iran, 
Syria, and Sudan; 
(ii) any other country the government 
of which the Secretary of State determines 
has repeatedly provided support for inter-
national terrorism pursuant to— 
(I) section 1754(c)(1)(A) of the 
Export Control Reform Act of 2018 
(50 U.S.C. 4318(c)(1)(A)); 
(II) section 620A of the Foreign 
Assistance Act of 1961 (22 U.S.C. 
2371); 
(III) section 40 of the Arms Ex-
port Control Act (22 U.S.C. 2780); or 
(IV) any other provision of law; 
and 
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(iii) subject to subparagraph (B), any 
other country designated by the Attorney 
General or the Commission based on ex-
pert knowledge of the sources of dangerous 
software. 
(B) PROCESS.— 
(i) DESIGNATION.—Upon designating 
a country under subparagraph (A)(iii), the 
Attorney General or the Commission (in 
this clause referred to as the ‘‘notifying 
party’’) shall transmit a notification of the 
designation to the Commission or the At-
torney General, as the case may be (in this 
clause referred to as the ‘‘notified party’’). 
Such designation shall become effective on 
the day that is 30 days after the date on 
which such notification is transmitted, un-
less, before such day, the notified party 
transmits to the notifying party and the 
Secretary of State an objection. The Sec-
retary shall, not later than 30 days after 
the date on which the Secretary receives 
such objection, determine whether to des-
ignate such country under such subpara-
graph. 
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(ii) REVOCATION OF DESIGNATION.— 
(I) JOINT ACTION REQUIRED.— 
Except as provided in subclause (II), 
the designation of a country under 
subparagraph (A)(iii) may only be re-
voked by the Attorney General and 
the Commission, acting jointly. 
(II) DISPUTE
RESOLUTION.—In 
the case of a dispute between the At-
torney General and the Commission 
regarding whether to revoke the des-
ignation of a country under subpara-
graph (A)(iii), the Attorney General 
or the Commission may transmit to 
the Secretary of State a notification 
of such dispute. The Secretary shall, 
not later than 30 days after the date 
on which the Secretary receives such 
notification, determine whether to re-
voke such designation. 
(3) COVERED FOREIGN SOFTWARE.—The term 
‘‘covered foreign software’’ means software that is 
developed by— 
(A) a person (other than an individual)— 
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(i) who is organized under the laws of 
a covered country; or 
(ii) whose principal operations are 
conducted in a covered country; or 
(B) a person (other than an individual) 
that is, directly or indirectly, controlled by a 
person described in subparagraph (A). 
(4) MOBILE APPLICATION.—The term ‘‘mobile 
application’’ means a software program that runs on 
the operating system of a smartphone, tablet com-
puter, or similar mobile electronic device. 
(5) SOFTWARE.—The term ‘‘software’’ means 
any computer software program, including a mobile 
application. 
(6) SOFTWARE
MARKETPLACE
OPERATOR.— 
The term ‘‘software marketplace operator’’ means a 
person who, for a commercial purpose, operates an 
online store or marketplace through which software 
is made available for download by consumers. 
Æ 
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