puter for the purpose of bringing about a cer-
tain result. 
(B) EXCEPTION.—Such term does not in-
clude computer software that is placed on the 
computer system of a user by an Internet serv-
ice provider, interactive computer service, or 
Internet Web site solely to enable the user sub-
sequently to use such provider or service or to 
access such Web site. 
(C) RULE OF CONSTRUCTION REGARDING 
COOKIES.—This paragraph may not be con-
strued to include, as computer software— 
(i) a cookie; or 
(ii) any other type of text or data file 
that solely may be read or transferred by 
a computer. 
(5) COMMISSION.—The term ‘‘Commission’’ 
means the Federal Trade Commission. 
(6) DAMAGE.—The term ‘‘damage’’ has the 
meaning given such term in section 1030(e) of title 
18, United States Code. 
(7) DECEPTIVE
ACTS
OR
PRACTICES.—The 
term ‘‘deceptive acts or practices’’ has the meaning 
applicable to such term for purposes of section 5 of 
the Federal Trade Commission Act (15 U.S.C. 45). 
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(8) DISABLE.—The term ‘‘disable’’ means, with 
respect to an information collection program, to per-
manently prevent such program from executing any 
of the functions described in section 3(b)(1) that 
such program is otherwise capable of executing (in-
cluding by removing, deleting, or disabling the pro-
gram), unless the owner or operator of a protected 
computer takes a subsequent affirmative action to 
enable the execution of such functions. 
(9) INFORMATION COLLECTION FUNCTIONS.— 
The term ‘‘information collection functions’’ means, 
with respect to an information collection program, 
the functions of the program described in subsection 
(b)(1) of section 3. 
(10) INFORMATION SERVICE.—The term ‘‘infor-
mation service’’ has the meaning given such term in 
section 3 of the Communications Act of 1934 (47 
U.S.C. 153). 
(11) INTERACTIVE
COMPUTER
SERVICE.—The 
term ‘‘interactive computer service’’ has the meaning 
given such term in section 230(f) of the Communica-
tions Act of 1934 (47 U.S.C. 230(f)). 
(12) INTERNET.—The term ‘‘Internet’’ means 
collectively the myriad of computer and tele-
communications facilities, including equipment and 
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operating software, which comprise the inter-
connected world-wide network of networks that em-
ploy the Transmission Control Protocol/Internet 
Protocol, or any predecessor or successor protocols 
to such protocol, to communicate information of all 
kinds by wire or radio. 
(13) PERSONALLY
IDENTIFIABLE
INFORMA-
TION.— 
(A) IN GENERAL.—The term ‘‘personally 
identifiable information’’ means the following 
information, to the extent only that such infor-
mation allows a living individual to be identified 
from that information: 
(i) First and last name of an indi-
vidual. 
(ii) A home or other physical address 
of an individual, including street name, 
name of a city or town, and zip code. 
(iii) An electronic mail address. 
(iv) A telephone number. 
(v) A social security number, tax iden-
tification number, passport number, driv-
er’s license number, or any other govern-
ment-issued identification number. 
(vi) A credit card number. 
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(vii) Any access code, password, or ac-
count number, other than an access code 
or password transmitted by an owner or 
authorized user of a protected computer to 
the intended recipient to register for, or 
log onto, a Web page or other Internet 
service or a network connection or service 
of a subscriber that is protected by an ac-
cess code or password. 
(viii) Date of birth, birth certificate 
number, or place of birth of an individual, 
except in the case of a date of birth trans-
mitted or collected for the purpose of com-
pliance with the law. 
(B) RULEMAKING.—The Commission may, 
by regulation, add to the types of information 
described in subparagraph (A) that shall be 
considered personally identifiable information 
for purposes of this Act, except that such addi-
tional types of information shall be considered 
personally identifiable information only to the 
extent that such information allows living indi-
viduals, particular computers, particular users 
of computers, or particular email addresses or 
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other locations of computers to be identified 
from that information. 
(14) SUITE OF FUNCTIONALLY RELATED SOFT-
WARE.—The term suite of ‘‘functionally related soft-
ware’’ means a group of computer software pro-
grams distributed to an end user by a single pro-
vider, which programs are necessary to enable fea-
tures or functionalities of an integrated service of-
fered by the provider. 
(15) 
TELECOMMUNICATIONS
CARRIER.—The 
term ‘‘telecommunications carrier’’ has the meaning 
given such term in section 3 of the Communications 
Act of 1934 (47 U.S.C. 153). 
(16) TRANSMIT.—The term ‘‘transmit’’ means, 
with respect to an information collection program, 
transmission by any means. 
(17) WEB PAGE.—The term ‘‘Web page’’ means 
a location, with respect to the World Wide Web, that 
has a single Uniform Resource Locator or another 
single location with respect to the Internet, as the 
Federal Trade Commission may prescribe. 
(18) WEB SITE.—The term ‘‘web site’’ means a 
collection of Web pages that are presented and made 
available by means of the World Wide Web as a sin-
gle Web site (or a single Web page so presented and 
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made available), which Web pages have any of the 
following characteristics: 
(A) A common domain name. 
(B) Common ownership, management, or 
registration. 
SEC. 12. APPLICABILITY AND SUNSET. 
(a) EFFECTIVE DATE.—Except as specifically pro-
vided otherwise in this Act, this Act shall take effect upon 
the expiration of the 12-month period that begins on the 
date of the enactment of this Act. 
(b) APPLICABILITY.—Section 3 shall not apply to an 
information collection program installed on a protected 
computer before the effective date under subsection (a) of 
this section. 
(c) SUNSET.—This Act shall not apply after Decem-
ber 31, 2013. 
Æ 
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