(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 installa-
tion nevertheless 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 com-
ponent of computer software is necessary to open,
view, or play a particular type of content.
(7) Inducing the owner or authorized user to
install or execute computer software by misrepre-
senting the identity or authority of the person or en-
tity providing 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 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—
(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
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 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.—
(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
software—
(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.
(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
language, set forth as the Commission shall provide,
that meets all of the following requirements:
(A) The notice clearly distinguishes such
notice from any other information visually pre-
sented contemporaneously on the computer.
(B) The notice contains one of the fol-
lowing statements, as applicable, or a substan-
tially similar statement:
(i) With respect to an information col-
lection program described in subsection
(b)(1)(A): ‘‘This program will collect and
transmit information about you. Do you
accept?’’.
(ii) With respect to an information
collection program described in subsection
(b)(1)(B): ‘‘This program will collect infor-
mation about Web pages you access and
will use that information to display adver-
tising on your computer. Do you accept?’’.
(iii) With respect to an information
collection program that performs the ac-
tions described in both subparagraphs (A)
and (B) of subsection (b)(1): ‘‘This pro-
gram will collect and transmit information
about you and will collect information
about Web pages you access and use that
information to display advertising on your
computer. Do you accept?’’.
(C) The notice provides for the user—
(i) to grant or deny consent referred
to in subsection (a) by selecting an option
to grant or deny such consent; and
(ii) to abandon or cancel the trans-
mission or execution referred to in sub-
section (a) without granting or denying
such consent.
(D) The notice provides an option for the
user to select to display on the computer, before
granting or denying consent using the option
required under subparagraph (C), a clear de-
scription of—
(i) the types of information to be col-
lected and sent (if any) by the information
collection program;
(ii) the purpose for which such infor-
mation is to be collected and sent; and
(iii) in the case of an information col-
lection program that first executes any of
the information collection functions of the
program together with the first execution
of other computer software, the identity of
any such software that is an information
collection program.
(E) The notice provides for concurrent dis-
play of the information required under subpara-
graphs (B) and (C) and the option required
under subparagraph (D) until the user—
(i) grants or denies consent using the
option required under subparagraph (C)(i);
(ii) abandons or cancels the trans-
mission or execution pursuant to subpara-
graph (C)(ii); or
(iii) selects the option required under
subparagraph (D).
(2) SINGLE
NOTICE.—The Commission shall
provide that, in the case in which multiple informa-
tion collection programs are provided to the pro-
tected computer together, or as part of a suite of
functionally related software, the notice require-
ments of paragraphs (1)(A) and (2)(A) of subsection
(a) may be met by providing, before execution of any
of the information collection functions of the pro-
grams, clear and conspicuous notice in plain lan-
guage in accordance with paragraph (1) of this sub-
section by means of a single notice that applies to
all such information collection programs, except that
such notice shall provide the option under subpara-
graph (D) of paragraph (1) of this subsection with
respect to each such information collection program.
(3) CHANGE IN INFORMATION COLLECTION.—If
an owner or authorized user has granted consent to
execution of an information collection program pur-
suant to a notice in accordance with this subsection:
(A) IN
GENERAL.—No subsequent such
notice is required, except as provided in sub-
paragraph (B).
(B) SUBSEQUENT
NOTICE.—The person
who transmitted the program shall provide an-
other notice in accordance with this subsection
and obtain consent before such program may be
used to collect or send information of a type or
for a purpose that is materially different from,
and outside the scope of, the type or purpose
set forth in the initial or any previous notice.
(4) REGULATIONS.—The Commission shall
issue regulations to carry out this subsection.
(d) REQUIRED FUNCTIONS.—The functions required
under this subsection to be included in an information col-
lection program that executes any information collection