H.R. 1319: Informed P2P User Act
111th Congress, 1st Session
Official Title: Informed P2P User Act
Sponsor: Rep Bono Mack, Mary [CA-45] (introduced 3/5/2009)
Major Actions:
12/9/2009 Referred to Senate committee. Status: Received in the Senate and Read twice and referred to the Committee on Commerce, Science, and Transportation.
12/8/2009 Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.
12/8/2009 Reported (Amended) by the Committee on Energy and Commerce. H. Rept. 111-361.
3/5/2009 Introduced in House.
SUMMARY AS OF:
12/8/2009--Passed House amended.
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.
Read the entire bill here (PDF).Cosponsors: 36:
Rep Barrow, John [GA-12]
Rep Barton, Joe [TX-6]
Rep Blackburn, Marsha [TN-7]
Rep Boren, Dan [OK-2]
Rep Calvert, Ken [CA-44]
Rep Castor, Kathy [FL-11]
Rep Chandler, Ben [KY-6]
Rep Childers, Travis [MS-1]
Rep Christensen, Donna M. [VI]
Rep Clay, Wm. Lacy [MO-1]
Rep Cleaver, Emanuel [MO-5]
Rep Deal, Nathan [GA-9]
Rep DeGette, Diana [CO-1]
Rep Donnelly, Joe [IN-2]
Rep Eshoo, Anna G. [CA-14]
Rep Gonzalez, Charles A. [TX-20]
Rep Gordon, Bart [TN-6]
Rep Grayson, Alan [FL-8]
Rep Griffith, Parker [AL-5]
Rep Hill, Baron P. [IN-9]
Rep Issa, Darrell E. [CA-49]
Rep Jackson, Jesse L., Jr. [IL-2]
Rep Kagen, Steve [WI-8]
Rep Maloney, Carolyn B. [NY-14]
Rep Matheson, Jim [UT-2]
Rep McCollum, Betty [MN-4]
Rep Pallone, Frank, Jr. [NJ-6]
Rep Perlmutter, Ed [CO-7]
Rep Radanovich, George [CA-19]
Rep Sarbanes, John P. [MD-3]
Rep Scott, David [GA-13]
Rep Space, Zachary T. [OH-18]
Rep Stupak, Bart [MI-1]
Rep Sutton, Betty [OH-13]
Rep Tanner, John S. [TN-8]
Rep Weiner, Anthony D. [NY-9]