Informed P2P User Act

Bill: 111-hr-1319
Sponsor: Rep. Bono Mack, Mary [R-CA-45]
Introduced: 2009-03-05 in the House
Policy area: Commerce
Subjects: Computers and information technology
Consumer affairs
Right of privacy

Summary:
action_date: 2009-03-05
text: 
Informed P2P User Act - Makes it unlawful for any person who is not an owner or authorized user of a protected computer to induce an owner or authorized user of the protected computer to make files from a protected computer available to another computer through a peer-to-peer file sharing program without: (1) immediately before program installation, providing conspicuous notice that the program allows files on the protected computer to be available for searching and copying by another computer and obtaining informed consent to the installation; and (2) immediately before initial activation of a file sharing function of the program, providing conspicuous notice of which files are to be made available to another computer and obtaining informed consent.
 
Makes it unlawful for any person who is not an owner or authorized user of a protected computer to prevent the reasonable efforts of an owner or authorized user from blocking the installation or functioning of such a program or to fail to provide a reasonable and effective means to disable or remove the program or function from the protected computer.
 
Treats a violation of this Act as a violation of a rule defining an unfair or deceptive act or practice prescribed under the Federal Trade Commission Act. Prohibits construing this Act to limit or supersede any other federal or state law.
 
Defines &quot;protected computer&quot; to include a computer which is used by a financial institution or the federal government or which is used in or affecting interstate or foreign commerce or communication, including a computer located outside the United States that is used in a way that affects U.S. interstate or foreign commerce.
 

action_date: 2009-12-08
text: 
Informed P2P User Act - (Sec. 2) Makes it unlawful for any commercial entity that developed a file sharing program or distributed such a program (if the distributor is owned by the developing entity) to install, make available for installation, or download a file sharing program without: (1) immediately before program installation or downloading, providing conspicuous notice that the program allows files to be searched and copied by one or more other computers and obtaining informed consent to the installation from an owner; and (2) immediately before initial activation of a file sharing function of the program, providing conspicuous notice of which files will be made available and obtaining the owner's informed consent.
 
Exempts: (1) modifications or upgrades of a program that was originally installed in compliance with this Act, provided certain requirements are met; and (2) pre-installed software.
 
Makes it unlawful for such an entity to prevent the reasonable efforts of an owner or authorized user to block the installation of such a program or to prevent such a user from having a reasonable way to disable or remove the program.
 
(Sec. 3) Treats a violation of this Act as a violation of a rule defining an unfair or deceptive act or practice prescribed under the Federal Trade Commission Act. Prohibits construing this Act to limit or supersede any other federal or state law.
 
(Sec. 4) Defines &quot;protected computer&quot; to include a computer used by a financial institution or the federal government or which is used in or affecting interstate or foreign commerce or communication, including a computer located outside the United States that is used in a way that affects U.S. interstate or foreign commerce.
 
 
(Sec. 6) Makes this Act inapplicable to the federal or any state government or subdivision.


Legislative actions:
action_date: 2009-12-09
text: Received in the Senate and Read twice and referred to the Committee on Commerce, Science, and Transportation.
action_date: 2009-12-08
text: The title of the measure was amended. Agreed to without objection.
action_date: 2009-12-08
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2009-12-08
text: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H13592)
action_date: 2009-12-08
text: Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.(text: CR H13592)
action_date: 2009-12-08
text: DEBATE - The House proceeded with forty minutes of debate on H.R. 1319.
action_date: 2009-12-08
text: Considered under suspension of the rules. (consideration: CR H13591-13594)
action_date: 2009-12-08
text: Mr. Rush moved to suspend the rules and pass the bill, as amended.
action_date: 2009-12-08
text: Placed on the Union Calendar, Calendar No. 213.
action_date: 2009-12-08
text: Reported (Amended) by the Committee on Energy and Commerce. H. Rept. 111-361.
action_date: 2009-12-08
text: Reported (Amended) by the Committee on Energy and Commerce. H. Rept. 111-361.
action_date: 2009-09-30
text: Ordered to be Reported (Amended) by Voice Vote.
action_date: 2009-09-30
text: Committee Consideration and Mark-up Session Held.
action_date: 2009-09-30
text: Subcommittee on Commerce, Trade and Consumer Protection Discharged.
action_date: 2009-05-06
text: Subcommittee Hearings Held.
action_date: 2009-03-06
text: Referred to the Subcommittee on Commerce, Trade and Consumer Protection.
action_date: 2009-03-05
text: Referred to the House Committee on Energy and Commerce.
action_date: 2009-03-05
text: Introduced in House
action_date: 2009-03-05
text: Introduced in House