I 
117TH CONGRESS 
1ST SESSION H. R. 1090 
To require software marketplace operators and developers of covered foreign 
software to provide to consumers a warning prior to the download of 
such software, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 18, 2021 
Mr. BANKS introduced the following bill; which was referred to the Committee 
on Energy and Commerce 
A BILL 
To require software marketplace operators and developers 
of covered foreign software to provide to consumers a 
warning prior to the download of such software, and 
for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Online Consumer Pro-
tection Act of 2021’’. 
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SEC. 2. CONSUMER WARNING AND ACKNOWLEDGMENT FOR 
DOWNLOAD OF COVERED FOREIGN SOFT-
WARE. 
(a) IN GENERAL.—A software marketplace operator 
or developer of covered foreign software may not— 
(1) permit a consumer to download covered for-
eign software unless, before the download begins— 
(A) a warning that meets the requirements 
of subsection (b) is displayed to the consumer, 
separately from any privacy policy, terms of 
service, or other notice; and 
(B) the consumer is required to choose (by 
taking an affirmative step such as clicking on 
a button) between the options of— 
(i) acknowledging such warning and 
proceeding with the download; or 
(ii) cancelling the download; or 
(2) make available covered foreign software for 
download by consumers unless the operator or devel-
oper has in place procedures to ensure compliance 
with paragraph (1). 
(b) REQUIREMENTS FOR WARNING.— 
(1) IN
GENERAL.—A warning meets the re-
quirements of this subsection if such warning reads 
as follows (with the italicized language being re-
placed and the other bracketed language being in-
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cluded or deleted, as appropriate for the covered for-
eign software regarding which the warning is being 
given, and the brackets removed): ‘‘Warning: [Name 
of Covered Foreign Software] is developed by [Name 
of Developer of Covered Foreign Software], which [is 
controlled by a company that] [is organized under 
the laws of]/[conducts its principal operations in]/[is 
organized under the laws of and conducts its prin-
cipal operations in] [Name of Covered Country]. 
Please either [insert description of how to acknowl-
edge the warning and proceed with the download] if 
you wish to proceed with the download or [insert de-
scription of how to cancel the download] if you wish 
to cancel the download.’’. 
(2) ALTERNATIVE
WARNINGS.—The Commis-
sion may by regulation specify that a warning other 
than the warning provided in paragraph (1) meets 
the requirements of this subsection, as the Commis-
sion considers appropriate. 
(c) LIABILITY OF SOFTWARE DEVELOPER.—In the 
case of a violation of subsection (a) by a software market-
place operator, if the developer of the covered foreign soft-
ware with respect to which the violation was committed 
did not inform the software marketplace operator that the 
software is covered foreign software, the developer (as well 
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