ity to execute any of the functions described in this sec-
tion. 
(d) NOTICE AND CONSENT REQUIREMENTS.—
(1) NOTICE.—The notice required under sub-
sections (a) and (b)—
(A) shall not be materially false or mis-
leading; and 
(B) shall include a description of and di-
rections for the removal utility, or instructions 
for the removal, deletion, or disabling of the 
software, or component thereof. 
(2) CONSENT.—The consent required under 
subsections (a) and (b) shall be contiguous to the 
notice required under such subsections, such that 
the owner or operator of the protected computer 
may reasonably understand the function or functions 
to which such consent is granted. 
(3) DEFINITION.—For purposes of this sub-
section, the term ‘‘materially false or misleading no-
tice’’ includes—
(A) a failure to describe any of the func-
tions requiring notice; and 
(B) an unauthorized material modification 
to or obstruction of a notice, description, or 
warning provided by computer software pre-
viously stored or executed on the protected com-
puter. 
SEC. 4. ENFORCEMENT. 
(a) FEDERAL TRADE COMMISSION.—
(1) UNFAIR
OR
DECEPTIVE
ACT
OR
PRAC-
TICE.—A violation of this Act shall be treated as a 
violation of a rule defining an unfair or deceptive act 
or practice prescribed under section 18(a) of the 
Federal Trade Commission Act (15 U.S.C. 57a(a)). 
(2) ACTIONS BY THE COMMISSION.—The Fed-
eral Trade Commission shall enforce this Act in the 
same manner, by the same means, and with the 
same jurisdiction, powers, and duties as though all 
applicable terms and provisions of the Federal Trade 
Commission Act (15 U.S.C. 41 et seq.) were incor-
porated into and made a part of this Act. 
(b) CRIMINAL PENALTIES.—
(1) IN GENERAL.—Section 1030(a) of title 18, 
United States Code, is amended—
(A) by inserting ‘‘or’’ at the end of para-
graph (7); and 
(B) by adding at the end the following: 
‘‘(8) knowingly causes the transmission of a 
program, information, code, or command with the 
intent to obtain access without authorization or ex-
ceeding authorized access to a protected computer 
by means of a knowingly and materially false or mis-
leading notice or description of function, effect, or 
origin of such computer software;’’. 
(2) DEFINITIONS.—Section 1030(e) of title 18, 
United States Code, is amended—
(A) in paragraph (6)—
(i) by inserting ‘‘, or to obtain further 
access to or control over the computer’’ 
after ‘‘in the computer’’; and 
(ii) by striking ‘‘or alter’’ and insert-
ing ‘‘, alter, access, or control’’; and 
(B) by adding at the end the following: 
‘‘(13) The term ‘knowingly and materially false 
or misleading notice or description’ includes a know-
ing and material omission regarding function of pro-
gram, information, code, or command that provides 
access to or control over a protected computer.’’. 
(3) PENALTIES.—Section 1030(c)(3) of title 18, 
United States Code is amended—
(A) in subparagraph (A), by striking ‘‘or 
(a)(7)’’ and inserting ‘‘(a)(7), or (a)(8)’’; and 
(B) in subparagraph (B), by striking ‘‘or 
(a)(7)’’ and inserting ‘‘(a)(7), or (a)(8)’’. 
(c) STATE ACTION.—
(1) IN GENERAL.—In any case in which the at-
torney general of a State has reason to believe that 
an interest of the residents of that State has been 
or is threatened or adversely affected by a violation 
of section 3 of this Act, the State may bring a civil 
action on behalf of the residents of the State in a 
district court of the United States of appropriate ju-
risdiction to—
(A) enjoin that practice; 
(B) enforce compliance with this Act; or 
(C) obtain damages, restitution, or other 
compensation on behalf of residents of the 
State. 
(2) NOTICE.—
(A) IN GENERAL.—Before filing an action 
under paragraph (1), the attorney general of 
the State involved shall provide to the Federal 
Trade Commission—
(i) written notice of that action; and 
(ii) a copy of the complaint for that 
action. 
(B) EXEMPTION.—Subparagraph (A) shall 
not apply with respect to the filing of an action 
by an attorney general of a State under this 
subsection, if the attorney general determines