(A) is substantially similar to a Web page 
established or provided by another person; and 
(B) misleads the owner or authorized user 
that such Web page is provided by such other 
person. 
(5) Inducing the owner or authorized user to in-
stall a component of computer software onto the com-
puter, or preventing reasonable efforts to block the in-
stallation or execution of, or to disable, a component 
of computer software by—
(A) presenting the owner or authorized user 
with an option to decline installation of such a 
component such that, when the option is selected 
by the owner or authorized user or when the 
owner or authorized user reasonably attempts to 
decline the installation, the installation neverthe-
less proceeds; or 
(B) causing such a component that the 
owner or authorized user has properly removed 
or disabled to automatically reinstall or reac-
tivate on the computer. 
(6) Misrepresenting that installing a separate 
component of computer software or providing log-in 
and password information is necessary for security or 
privacy reasons, or that installing a separate compo-
nent of computer software is necessary to open, view, 
or play a particular type of content. 
(7) Inducing the owner or authorized user to in-
stall or execute computer software by misrepresenting 
the identity or authority of the person or entity pro-
viding the computer software to the owner or user. 
(8) Inducing the owner or authorized user to 
provide personally identifiable, password, or account 
information to another person—
(A) by misrepresenting the identity of the 
person seeking the information; or 
(B) without the authority of the intended 
recipient of the information. 
(9) Removing, disabling, or rendering inoper-
ative a security, anti-spyware, or anti-virus tech-
nology installed on the computer. 
(10) Installing or executing on the computer one 
or more additional components of computer software 
with the intent of causing a person to use such com-
ponents in a way that violates any other provision of 
this section. 
(b) GUIDANCE.—The Commission shall issue guidance 
regarding compliance with and violations of this section. 
This subsection shall take effect upon the date of the enact-
ment of this Act.
(c) EFFECTIVE DATE.—Except as provided in sub-
section (b), this section shall take effect upon the expiration 
of the 6-month period that begins on the date of the enact-
ment of this Act. 
SEC. 3. PROHIBITION OF COLLECTION OF CERTAIN INFOR-
MATION WITHOUT NOTICE AND CONSENT. 
(a) OPT-IN REQUIREMENT.—Except as provided in 
subsection (e), it is unlawful for any person—
(1) to transmit to a protected computer, which 
is not owned by such person and for which such per-
son is not an authorized user, any information collec-
tion program, unless—
(A) such information collection program 
provides notice in accordance with subsection (c) 
before execution of any of the information collec-
tion functions of the program; and 
(B) such information collection program in-
cludes the functions required under subsection 
(d); or 
(2) to execute any information collection pro-
gram installed on such a protected computer unless—
(A) before execution of any of the informa-
tion collection functions of the program, the 
owner or an authorized user of the protected 
computer has consented to such execution pursu-
ant to notice in accordance with subsection (c); 
and 
(B) such information collection program in-
cludes the functions required under subsection 
(d). 
(b) INFORMATION COLLECTION PROGRAM.—
(1) IN GENERAL.—For purposes of this section, 
the term ‘‘information collection program’’ means 
computer software that performs either of the fol-
lowing functions: 
(A) COLLECTION OF PERSONALLY IDENTIFI-
ABLE INFORMATION.—The computer software—
(i) collects personally identifiable in-
formation; and 
(ii)(I) sends such information to a per-
son other than the owner or authorized user 
of the computer, or 
(II) uses such information to deliver 
advertising to, or display advertising on, 
the computer. 
(B) COLLECTION OF INFORMATION REGARD-
ING WEB PAGES VISITED TO DELIVER ADVER-
TISING.—The computer software—
(i) collects information regarding the 
Web pages accessed using the computer; and
(ii) uses such information to deliver 
advertising to, or display advertising on, 
the computer. 
(2) EXCEPTION FOR SOFTWARE COLLECTING IN-
FORMATION REGARDING WEB PAGES VISITED WITHIN 
A PARTICULAR WEB SITE.—Computer software that 
otherwise would be considered an information collec-
tion program by reason of paragraph (1)(B) shall not 
be considered such a program if—
(A) the only information collected by the 
software regarding Web pages that are accessed 
using the computer is information regarding 
Web pages within a particular Web site; 
(B) such information collected is not sent to 
a person other than—
(i) the provider of the Web site 
accessed; or 
(ii) a party authorized to facilitate the 
display or functionality of Web pages with-
in the Web site accessed; and 
(C) the only advertising delivered to or dis-
played on the computer using such information 
is advertising on Web pages within that par-
ticular Web site. 
(c) NOTICE AND CONSENT.—