SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Informed P2P User 
Act’’. 
SEC. 2. CONDUCT PROHIBITED. 
(a) NOTICE AND CONSENT REQUIRED FOR FILE- 
SHARING SOFTWARE.— 
(1) NOTICE AND CONSENT REQUIRED PRIOR TO 
INSTALLATION.—It is unlawful for any covered enti-
ty to install on a protected computer or offer or 
make available for installation or download on a pro-
tected computer a covered file-sharing program un-
less such program— 
(A) immediately prior to the installation or 
downloading of such program— 
(i) provides clear and conspicuous no-
tice that such program allows files on the 
protected computer to be made available 
for searching by and copying to one or 
more other computers; and 
(ii) obtains the informed consent to 
the installation of such program from an 
owner or authorized user of the protected 
computer; and 
(B) immediately prior to initial activation 
of a file-sharing function of such program—
(i) provides clear and conspicuous no-
tice of which files on the protected com-
puter are to be made available for search-
ing by and copying to another computer; 
and 
(ii) obtains the informed consent from 
an owner or authorized user of the pro-
tected computer for such files to be made 
available for searching and copying to an-
other computer. 
(2) 
NON-APPLICATION
TO
PRE-INSTALLED 
SOFTWARE.—Nothing in paragraph (1)(A) shall 
apply to the installation of a covered file-sharing 
program on a computer prior to the first sale of 
such computer to an end user, provided that notice 
is provided to the end user who first purchases the 
computer that such a program has been installed on 
the computer. 
(3) NON-APPLICATION
TO
SOFTWARE
UP-
GRADES.—Once the notice and consent requirements 
of paragraphs (1)(A) and (1)(B) have been satisfied 
with respect to the installation or initial activation 
of a covered file-sharing program on a protected 
computer after the effective date of this Act, the no-
tice and consent requirements of paragraphs (1)(A)
and (1)(B) do not apply to the installation or initial 
activation of software modifications or upgrades to 
a covered file-sharing program installed on that pro-
tected computer at the time of the software modi-
fications or upgrades so long as those software 
modifications or upgrades do not— 
(A) make files on the protected computer 
available for searching by and copying to one or 
more other computers that were not already 
made available by the covered file-sharing pro-
gram for searching by and copying to one or 
more other computers; or 
(B) add to the types or locations of files 
that can be made available by the covered file- 
sharing program for searching by and copying 
to one or more other computers. 
(b) PREVENTING THE DISABLING OR REMOVAL OF 
CERTAIN SOFTWARE.—It is unlawful for any covered enti-
ty— 
(1) to prevent the reasonable efforts of an 
owner or authorized user of a protected computer 
from blocking the installation of a covered file-shar-
ing program or file-sharing function thereof; or
(2) to prevent an owner or authorized user of 
a protected computer from having a reasonable 
means to either— 
(A) disable from the protected computer 
any covered file-sharing program; or 
(B) remove from the protected computer 
any covered file-sharing program that the cov-
ered entity caused to be installed on that com-
puter or induced another individual to install. 
SEC. 3. ENFORCEMENT. 
(a) UNFAIR
AND DECEPTIVE ACTS
AND PRAC-
TICES.—A violation of section 2 shall be treated as a viola-
tion of a rule defining an unfair or deceptive act or prac-
tice prescribed under section 18(a)(1)(B) of the Federal 
Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). 
(b) 
FEDERAL
TRADE
COMMISSION
ENFORCE-
MENT.—The Federal Trade Commission shall enforce this 
Act in the same manner, by the same means, and with 
the same jurisdiction as though all applicable terms and 
provisions of the Federal Trade Commission Act were in-
corporated into and made a part of this Act. 
(c) PRESERVATION OF FEDERAL AND STATE AU-
THORITY.—Nothing in this Act shall be construed to limit 
or supersede any other Federal or State law.
SEC. 4. DEFINITIONS. 
As used in this Act— 
(1) the term ‘‘commercial entity’’ means an en-
tity engaged in acts or practices in or affecting com-
merce, as such term is defined in section 4 of the 
Federal Trade Commission Act (15 U.S.C. 44); 
(2) the term ‘‘covered entity’’ means— 
(A) a commercial entity that develops a 
covered file-sharing program; and 
(B) a commercial entity that disseminates 
or distributes a covered file-sharing program 
and is owned or operated by the commercial en-
tity that developed the covered file-sharing pro-
gram; 
(3) the term ‘‘protected computer’’ has the 
meaning given such term in section 1030(e)(2) of 
title 18, United States Code; and 
(4) the term ‘‘covered file-sharing program’’— 
(A) means a program, application, or soft-
ware that is commercially marketed or distrib-
uted to the public and that enables— 
(i) a file or files on the protected com-
puter on which such program is installed 
to be designated as available for searching 
by and copying to one or more other com-
puters owned by another person;