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(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 soft-
ware with the intent of causing a person to use such 
components in a way that violates any other provi-
sion of this section. 
(b) GUIDANCE.—The Commission shall issue guid-
ance regarding compliance with and violations of this sec-
tion. This subsection shall take effect upon the date of 
the enactment of this Act. 
(c) EFFECTIVE DATE.—Except as provided in sub-
section (b), this section shall take effect upon the expira-
tion of the 6-month period that begins on the date of the 
enactment 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—
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(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 col-
lection program, unless—
(A) such information collection program 
provides notice in accordance with subsection 
(c) before execution of any of the information 
collection functions of the program; and 
(B) such information collection program 
includes the functions required under sub-
section (d); or 
(2) to execute any information collection pro-
gram installed on such a protected computer un-
less—
(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 pur-
suant to notice in accordance with subsection 
(c); and 
(B) such information collection program 
includes the functions required under sub-
section (d). 
(b) INFORMATION COLLECTION PROGRAM.—
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(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 IDENTI-
FIABLE
INFORMATION.—The computer soft-
ware—
(i) collects personally identifiable in-
formation; and 
(ii)(I) sends such information to a 
person 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
RE-
GARDING WEB PAGES VISITED TO DELIVER AD-
VERTISING.—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.
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(2) EXCEPTION
FOR
SOFTWARE
COLLECTING 
INFORMATION
REGARDING
WEB
PAGES
VISITED 
WITHIN A PARTICULAR WEB SITE.—Computer soft-
ware that otherwise would be considered an informa-
tion collection 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.—
(1) IN GENERAL.—Notice in accordance with 
this subsection with respect to an information collec-
tion program is clear and conspicuous notice in plain