Informed P2P User Act
The source supplies the latest action, but no lifecycle stage.
Latest action (9 Dec 2009): Received in the Senate and Read twice and referred to the Committee on Commerce, Science, and Transportation.
What this bill does
This bill would require companies that develop or distribute peer-to-peer file-sharing software to provide clear notice and obtain informed consent from computer owners before installing or activating the software. Specifically, users would need to be informed that the program allows files to be searched and copied by others and to agree to this. They would also need to be notified about which specific files will be made available and consent to that.
The legislation affects commercial entities that develop or distribute such file-sharing programs and the owners or authorized users of computers where these programs are installed. It would also make it unlawful for these companies to block a user's efforts to prevent installation or to prevent a reasonable way to disable or remove the software. The bill exempts pre-installed software and certain software modifications or upgrades, provided they do not expand the scope of file sharing.
The bill has passed the House of Representatives and will now move to the Senate. A violation of this act would be treated as an unfair or deceptive practice under the Federal Trade Commission Act, and the FTC would be responsible for enforcement. The act would not apply to federal or state governments.
Plain-English summary generated by Bill100 AI from the official record. Always verify against the source below.
Official summary
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 "protected computer" 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.
Timeline
9 Dec 2009
Received in the Senate and Read twice and referred to the Committee on Commerce, Science, and Transportation.
Common questions
- What does H.R. 1319 do?
- This bill would require companies that develop or distribute peer-to-peer file-sharing software to provide clear notice and obtain informed consent from computer owners before installing or activating the software. Specifically, users would need to be informed that the program allows files to be searched and copied by others and to agree to this. They would also need to be notified about which specific files will be made available and consent to that. The legislation affects commercial entities that develop or distribute such file-sharing programs and the owners or authorized users of computers where these programs are installed. It would also make it unlawful for these companies to block a user's efforts to prevent installation or to prevent a reasonable way to disable or remove the software. The bill exempts pre-installed software and certain software modifications or upgrades, provided they do not expand the scope of file sharing. The bill has passed the House of Representatives and will now move to the Senate. A violation of this act would be treated as an unfair or deceptive practice under the Federal Trade Commission Act, and the FTC would be responsible for enforcement. The act would not apply to federal or state governments.
- Has H.R. 1319 become law?
- The source does not supply a confirmed lifecycle stage for H.R. 1319. Check the latest action and official source below.
- Who sponsored H.R. 1319?
- H.R. 1319 was sponsored by Rep. Bono Mack, Mary [R-CA-45] (R-CA), with 36 cosponsors.
- What's the latest action on H.R. 1319?
- Received in the Senate and Read twice and referred to the Committee on Commerce, Science, and Transportation. (9 Dec 2009).
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