(1) The terms ‘‘computer’’ and ‘‘protected com-
puter’’ have the meanings given such terms in sec-
tion 1030(e) of title 18, United States Code. 
(2) The term ‘‘computer software’’ means a se-
quence of instructions written in any programming 
language that is stored or executed on a computer. 
Such term shall not include computer software that 
is a Web page, or data components of Web pages 
that are not executable independently of the Web 
page. 
(3) The term ‘‘disable’’, with regards to com-
puter software, or a component thereof, means to 
permanently prevent such software or component 
from executing any of the functions described in sec-
tion 3 that such software is otherwise capable of exe-
cuting, unless the owner or operator of a protected 
computer takes a subsequent affirmative action to 
enable the execution of such functions. 
(4) The terms ‘‘execute’’, ‘‘execution’’, and 
‘‘executable’’, when used with respect to computer 
software, refer to the performance of the functions 
or the carrying out of the instructions of the com-
puter software. 
(5) The term ‘‘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 paragraph, the 
lease of a computer shall be considered a sale of the 
computer at retail. 
(6) The term ‘‘Internet’’ has the meaning given 
such term in section 1302(6) of the Children’s On-
line Privacy Protection Act of 1998 (15 U.S.C. 
6501(6)). 
(7) The term ‘‘owner or operator’’, with respect 
to a protected computer, shall not include any per-
son who owns a computer prior to the first retail 
sale of such computer. 
(8) The term ‘‘person’’ has the meaning given 
that term in section 1030(e)(12) of title 18, United 
States Code. 
(9) The term ‘‘personal information’’ means—
(A) a first and last name; 
(B) a home or other physical address in-
cluding street name; 
(C) an electronic mail address; 
(D) a telephone number; 
(E) a Social Security number; 
(F) a credit card or bank account number 
or any password or access code associated with 
a credit card or bank account; and
(G) a birth certificate number. 
(10) The term ‘‘removal utility’’ means a means 
by which the owner or operator of a protected com-
puter can remove, delete, or disable computer soft-
ware, or a component thereof. 
(11) The term ‘‘transmit’’ means to transfer, 
send, or make available computer software, or any 
component thereof, via the Internet or any other me-
dium, including local area networks of computers, 
other non-wire transmission, and disc or other data 
storage device, for the purpose of or resulting in an 
economic benefit to the person transferring, sending, 
or making available such computer software, or com-
ponent thereof, derived from the transmission or 
execution of such software, or component thereof. 
Such term shall not include any action by a person 
providing—
(A) the Internet connection, telephone con-
nection, or other means of transmission capa-
bility such as a compact disk or digital video 
disk through which the software was made 
available; 
(B) the storage or hosting of the software 
program or an Internet Web page through 
which the software was made available; or
(C) an information location tool, such as a 
directory, index, reference, pointer, or hypertext 
link, through which the user of the computer lo-
cated the software, 
unless such person receives a direct economic benefit 
from the execution of such software on the protected 
computer. 
(12) The term ‘‘Web page’’ means a location 
that has a single Uniform Resource Locator with re-
spect to the World Wide Web or other single location 
with respect to the Internet. 
SEC. 3. UNFAIR AND DECEPTIVE ACTS AND PRACTICES IN 
THE TRANSMISSION OF COMPUTER SOFT-
WARE. 
(a) DECEPTIVE ACTS PROHIBITED.—It is unlawful 
for any person knowingly to transmit to a protected com-
puter owned or operated by another person, or transmit 
to a protected computer prior to the first retail sale of 
such computer, any computer software, or any component 
thereof, that—
(1) collects personal information about an 
owner or operator of that protected computer and 
transfers such information to any person other than 
such owner or operator;
(2) monitors or analyzes the content of the 
Internet web pages accessed by an owner or operator 
of such computer and transfers information regard-
ing the accessing of such web pages to any person 
other than such owner or operator; or 
(3) modifies default computer settings or com-
puter settings previously selected by the owner or 
operator of that computer that affect—
(A) the Web page that is first displayed by 
computer software used to access and navigate 
the Internet, such as an Internet browser; 
(B) Internet connection settings, the modi-
fication of which can result in financial charges 
to the owner or operator without the owner or 
operator’s knowledge; or 
(C) the actions or operations of any service 
offered by a provider of a service used to search 
the Internet, or files and data stored on the 
protected computer, 
unless, before the execution of the functions described in 
paragraphs (1) through (3), notice of such functions is 
provided to, and consent to such execution is obtained 
from, such owner or operator, and such software, or com-
ponent thereof, includes a removal utility.
(b) 
REQUIREMENTS
FOR
ADVERTISING
SOFT-
WARE.—
(1) NOTICE AND CONSENT.—It is unlawful for 
any person knowingly to transmit to a protected 
computer owned or operated by another person, or 
transmit to a protected computer prior to the first 
retail sale of such computer, any computer software, 
or any component thereof, that includes a function 
to deliver or display advertisements, unless, before 
the execution of such function, notice of such func-
tion is provided to, and the consent to such execu-
tion is obtained from, such owner or operator, and 
such software, or component thereof, includes a re-
moval utility. 
(2) SOFTWARE DISPLAYED AS A WEB PAGE.—
The requirements of paragraph (1) shall apply to 
computer software containing a function to deliver 
advertisements displayed as a Web page or by other 
means, but shall not include software that is a Web 
page or a component of a Web page. 
(c) KNOWLEDGE REQUIREMENT.—For purposes of 
this section, the term ‘‘knowingly’’, used with respect to 
transmitting computer software, or a component thereof, 
means that the person transmitting has actual knowledge 
that the software or component transmitted has the capac-