Protecting Children from Peer-to-Peer Pornography Act of 2003

        [Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2885 Introduced in House (IH)]

108th CONGRESS
1st Session
H. R. 2885

To prohibit the distribution of peer-to-peer file trading software in
interstate commerce.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

July 24, 2003

Mr. Pitts (for himself, Mr. John, Mr. Sullivan, Mr. Pence, and Mr.
DeMint) introduced the following bill; which was referred to the
Committee on Energy and Commerce

_______________________________________________________________________

A BILL

To prohibit the distribution of peer-to-peer file trading software in
interstate commerce.

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Protecting Children from Peer-to-
Peer Pornography Act of 2003''.

SEC. 2. FINDINGS.

Congress finds the following:
(1) Peer-to-peer file trading software has been very widely
distributed. The most popular of these programs has been
downloaded over 200 million times, and at any one time, there
are over 3 million people using it.
(2) Peer-to-peer systems are emerging as a conduit for the
distribution of pornographic images and videos, including child
pornography. Child pornography is easily found and downloaded
using peer-to-peer systems.
(3) Child pornography has become increasingly available on
peer-to-peer systems. In 2002, there was a fourfold increase in
the number of reports of child pornography on peer-to-peer
systems.
(4) Approximately 40 percent of users of peer-to-peer
systems are juveniles.
(5) Juvenile users of peer-to-peer systems are at
significant risk of inadvertent exposure to pornography,
including child pornography, because searches on innocuous
keywords likely to be used by juveniles produce a high
proportion of pornographic images.
(6) The availability of peer-to-peer systems as a
distribution mechanism for child pornography may lead to
further sexual abuse of children, because the production of
child pornography is intrinsically related to sexual abuse of
children.
(7) Peer-to-peer systems also pose serious security and
privacy threats to users. Among other things, peer-to-peer
software often gives others access to all the files that are
stored on a user's hard drive, and many users, including
juvenile users and their parents, do not even know of these
threats.
(8) In light of these considerations, it is important that
Federal law provide appropriate protection for juvenile users
of peer-to-peer systems.

SEC. 3. DEFINITIONS.

In this Act--
(1) the term ``Commission'' means the Federal Trade
Commission;
(2) the term ``juvenile'' means an individual under the age
of 18;
(3) the term ``parent'' includes a legal guardian;
(4) the terms ``peer-to-peer file trading software'' and
``peer-to-peer system'' have the definition given to such terms
by the regulations to be promulgated under section 3(b)(1);
(5) the term ``verifiable parental consent'' means any
reasonable effort (taking into consideration available
technology) to ensure that a parent of a juvenile receives
notice as described in section 3(b)(2)(A) and authorizes the
distribution of peer-to-peer file trading software to the
juvenile, including efforts such as those constituting
``verifiable parental consent'' under the Children's Online
Privacy Protection Act of 1998;
(6) the term ``verification of majority'' means any
reasonable effort (taking into consideration available
technology) to ensure that a recipient of peer-to-peer file
trading software is not a juvenile, including efforts such as
accepting and verifying a credit card number in connection with
a distribution of peer-to-peer file trading software; and
(7) the term ``person'' means any individual, partnership,
corporation, trust, estate, cooperative, association, or other
entity.

SEC. 4. REGULATION OF JUVENILE ACCESS TO PEER-TO-PEER NETWORKS.

(a) Acts Prohibited.--It is unlawful for any person to distribute
peer-to-peer file trading software, or to authorize or cause peer-to-
peer file trading software to be distributed by another person, in
interstate commerce in a manner that violates the regulations
prescribed under subsection (b)(2).
(b) Regulations.--Not later than 1 year after the date of the
enactment of this Act, the Commission shall promulgate regulations
that--
(1) define the term ``peer-to-peer file trading software''
for purposes of this Act, with such definition to encompass
computer software that enables the transmission of computer
files or data over the Internet or any other public network of
computers and that has as its primary function the capability
to do all of the following--
(A) enable a computer on which such software is
used to transmit files or data to another such
computer;
(B) enable the user of one such computer to request
the transmission of files or data from another such
computer; and
(C) enable the user of one such computer to
designate files or data available for transmission to
another such computer, but which definition excludes,
to the extent otherwise included, software products
legitimately marketed and distributed primarily for the
operation of business and home networks, the networks
of Internet access providers, or the Internet itself;
and
(2) require any person who distributes, or authorizes or
causes another person to distribute, peer-to-peer file trading
software in interstate commerce to--
(A) provide clear and prominent notice to each
recipient of peer-to-peer file trading software, before
the peer-to-peer file trading software is provided to
the recipient, that use thereof may expose the user to
pornography, illegal activities, and security and
privacy threats;
(B) check for the do-not-install beacon described
in subsection (c)(1) and not transmit peer-to-peer file
trading software to any computer with such beacon;
(C) obtain verification of majority, or if a
recipient is a juvenile obtain verifiable parental
consent, before the peer-to-peer file trading software
is provided to the recipient;
(D) ask whether or not each juvenile recipient of
peer-to-peer file trading software is a child under the
age of 13;
(E) comply with the provisions of the Children's
Online Privacy Protection Act of 1998 (15 U.S.C. 6501
et seq.) as to all information collected from children
in connection with the distribution of peer-to-peer
file trading software;
(F) ensure that the peer-to-peer file trading
software has the capability to be readily disabled or
uninstalled by a user thereof, and prominent means to
access clear information concerning the availability
and use of that capability;
(G) if the peer-to-peer file trading software has
the capability of automatically causing a user's
computer to function as a supernode or other focal
point for the transmission of files or data, or
information about the availability of files or data,
among other computers on which such software is used,
ensure that such software does not exercise that
capability unless the user receives clear and prominent
notice thereof and thereafter takes affirmative steps
to enable that capability;
(H) if the peer-to-peer file trading software has
the capability of disabling or circumventing security
or other protective software on, or features of, the
user's computer or network, including a firewall,
software that protects against viruses or other
malicious code or a do-not-install beacon or other
parental control, ensure that such peer-to-peer file
trading software does not exercise that capability
unless the user receives clear and prominent notice
thereof and thereafter takes affirmative steps to
enable that capability;
(I) if such person does not reside in the United
States, designate a resident agent for service of
process in the United States, and file with the
Commission such designation and the address of the
office or usual place of residence of the agent;
(J) maintain reasonable records of its compliance
with the requirements set forth in this paragraph; and
(K) establish and maintain reasonable procedures to
protect the confidentiality, security, and integrity of
personal information contained in such records.
(c) Technological Measures.--The Commission shall--
(1) not later than 1 year after the date of the enactment
of this Act, in consultation with the Under Secretary for
Technology of the Department of Commerce, develop and make
readily available to the public functional requirements for
standard ``do-not-install'' beacons that provide an effective
technological means for parents to record on their computers
their desire that users not install or use peer-to-peer file
trading software on those computers;
(2) make available to the public a list of do-not-install
beacon products that have been certified by their producers as
conforming to such functional requirements; and
(3) if in any study required by section 6, it appears to
the Commission that any commonly-used peer-to-peer file trading
software does not have the capability required by subsection
(b)(2)(F), promptly make readily available to the public
information necessary to enable parents to disable or uninstall
such software on their computers, and if necessary to allow
parents to do so readily, develop and make available
technological means for parents to disable or uninstall such
software on their computers.
(d) Enforcement.--A violation of the regulations prescribed under
subsection (b)(2) shall be treated as a violation of a rule defining an
unfair or deceptive act or practice prescribed under section
18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C.
57a(a)(1)(B)). In the case of any action arising under this Act against
a person that does not reside in the United States and has distributed
peer-to-peer file trading software, or authorized or caused peer-to-
peer file trading software to be distributed by another person, in
interstate commerce without designating an agent as required by
subsection (b)(2)(I), service of process may be made by filing the same
in the office of the Commission.

SEC. 5. ACTIONS BY THE COMMISSION.

(a) In General.--The Commission shall enforce this Act, and the
regulations promulgated pursuant to 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 incorporated into and made a
part of this Act. Any entity that violates such regulations shall be
subject to the penalties and entitled to the privileges and immunities
provided in the Federal Trade Commission Act in the same manner, by the
same means, and with the same jurisdiction, power, and duties as though
all applicable terms and provisions of the Federal Trade Commission Act
were incorporated into and made a part of this Act.
(b) Effect on Other Laws.--Nothing contained in this Act shall be
construed to limit the authority of the Commission under any other
provisions of law.

SEC. 6. ACTIONS BY STATES.

(a) In General.--
(1) Civil actions.--In any case in which the attorney
general or other appropriate authority 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 the engagement
of any person in a practice that violates the regulations of
the Commission prescribed under section 3(b)(2), the State, as
parens patriae, may bring a civil action on behalf of the
residents of the State in a district court of the United States
of appropriate jurisdiction to--
(A) enjoin that practice;
(B) enforce compliance with the regulations;
(C) obtain damages, restitution, or other
compensation on behalf of residents of the State; or
(D) obtain such other relief as the court may
consider to be appropriate.
(2) Notice.--
(A) In general.--Before filing an action under
paragraph (1), the attorney general or other authority
of the State involved shall provide to the Commission--
(i) written notice of that action; and
(ii) a copy of the complaint for that
action.
(B) Exemption.--
(i) In general.--Subparagraph (A) shall not
apply with respect to the filing of an action
by an attorney general or other authority of a
State under this subsection, if the attorney
general or other authority determines that it
is not feasible to provide the notice described
in that subparagraph before the filing of the
action.
(ii) Notification.--In an action described
in clause (i), the attorney general or other
authority of a State shall provide notice and a
copy of the complaint to the Commission at the
same time as the attorney general or other
authority files the action.
(b) Intervention.--
(1) In general.--On receiving notice under subsection
(a)(2), the Commission shall have the right to intervene in the
action that is the subject of the notice.
(2) Effect of intervention.--If the Commission intervenes
in an action under subsection (a), it shall have the right--
(A) to be heard with respect to any matter that
arises in that action; and
(B) to file a petition for appeal.
(c) Construction.--For purposes of bringing any civil action under
subsection (a), nothing in this Act shall be construed to prevent an
attorney general or other authority of a State from exercising the
powers conferred on the attorney general or other authority by the laws
of that State to--
(1) conduct investigations;
(2) administer oaths or affirmations; or
(3) compel the attendance of witnesses or the production of
documentary and other evidence.
(d) Actions by the Commission.--In any case in which an action is
instituted by or on behalf of the Commission for violation of any of
the regulations of the Commission prescribed under section 3(b)(2), no
State may, during the pendency of that action, institute an action
under subsection (a) against any defendant named in the complaint in
that action for violation of that regulation.
(e) Venue; Service of Process.--
(1) Venue.--Any action brought under subsection (a) may be
brought in the district court of the United States that meets
applicable requirements relating to venue under section 1391 of
title 28, United States Code.
(2) Service of process.--In an action brought under
subsection (a), process may be served in any district in which
the defendant--
(A) is an inhabitant; or
(B) may be found.

SEC. 7. STUDY.

The Commission shall conduct an annual study concerning peer-to-
peer file trading software, including the availability of child
pornography and other pornographic images and videos using such
software, security and privacy threats posed by such software, use of
such software by juveniles, the ability of parents to control access to
and use of such software by juveniles, the degree of compliance with
and the effectiveness of this Act, and any legislative recommendations
that may be warranted. The Commission shall submit a report to the
Congress setting forth the results of each such study. The Under
Secretary for Technology of the Department of Commerce shall provide to
the Commission such staff and resources as necessary for the Commission
to perform its duty efficiently and in accordance with this section.

SEC. 8. EFFECTIVE DATE.

Sections 4(a), 5, and 6 of this Act take effect on the date that is
18 months after the date of enactment of this Act.
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