,i #aafth ,,congress #b;d ,session ,h4 ,r4 #fegj ,,in ,,the ,,house ,,of ,,representatives ,april #ba1 #bjbj,mr4 ,banks introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce ,a ,,bill ,to require software marketplace operators and developers of covered foreign software to provide to consumers a warning prior to the download of such software1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,online ,consumer ,protection ,act of #bjbj4 #b4 ,consumer warning and acknowledgment for download of covered foreign software 7a7 ,in general ,a software marketplace operator or developer of covered foreign software may not-- 7#a7 permit a consumer to download covered foreign software unless1 before the download begins-- 7,a7 a warning that meets the requirements of subsection 7b7 is displayed to the consumer1 separately from any privacy policy1 terms of service1 or other notice2 and 7,b7 the consumer is required to choose 7by taking an affirmative step such as clicking on a button7 between the options of-- 7i7 acknowledging such warning and proceeding with the download2 or 7ii7 cancelling the download2 or 7#b7 make available covered foreign software for download by consumers unless the operator or developer has in place procedures to ensure compliance with paragraph 7#a74 7b7 ,requirements for warning 7#a7 ,in general ,a warning meets the requirements of this subsection if such warning reads as follows 7with the italicized language being replaced and the other bracketed language being included or deleted1 as appropriate for the covered foreign software regarding which the warning is being given1 and the brackets removed73 ,warning3 ,name of ,covered ,foreign ,software is developed by ,name of ,developer of ,covered ,foreign ,software1 which is controlled by a company that is organized under the laws of_/conducts its principal operations in_/is organized under the laws of and conducts its principal operations in ,name of ,covered ,country4 ,please either insert description of how to acknowledge the warning and proceed with the download if you wish to proceed with the download or insert description of how to cancel the download if you wish to cancel the download44 7#b7 ,alternative warnings ,the ,commission may by regulation specify that a warning other than the warning provided in paragraph 7#a7 meets the requirements of this subsection1 as the ,commission considers appropriate4 7c7 ,liability of software developer ,in the case of a violation of subsection 7a7 by a software marketplace operator1 if the developer of the covered foreign software with respect to which the violation was committed did not inform the software marketplace operator that the software is covered foreign software1 the developer 7as well as the software marketplace operator7 shall be considered to have committed the violation4 7d7 ,enforcement by ,federal ,trade ,commission 7#a7 ,unfair or deceptive acts or practices ,a violation of this section or a regulation promulgated under this section shall be treated as a violation of a regulation under section #ah7;a77#a77;,b7 of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #eg;a7a77#a77;,b77 regarding unfair or deceptive acts or practices4 7#b7 ,powers of ,commission ,the ,commission shall enforce this section and the regulations promulgated under the section in the same manner1 by the same means1 and with the same jurisdiction1 powers1 and duties as though all applicable terms and provisions of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #da et seq47 were incorporated into and made a part of this ,act4 ,any person who violates this section or a regulation promulgated under this section shall be subject to the penalties and entitled to the privileges and immunities provided in the ,federal ,trade ,commission ,act4 7#c7 ,regulations ,the ,commission may promulgate regulations under section #eec of title #e1 ,united ,states ,code1 to carry out this section4 7e7 ,criminal offense 7#a7 ,corporate offense ,whoever1 being a software marketplace operator or developer of covered foreign software1 knowingly violates subsection 7a7 shall be fined #ej1jjj for each violation4 7#b7 ,individual offense ,whoever1 being an officer of a software marketplace operator or developer of covered foreign software1 causes a violation of subsection 7a7 with the intent to conceal the country in which software is developed1 shall be fined under title #ah1 ,united ,states ,code1 imprisoned not more than #b years1 or both4 7#c7 ,application ,this subsection shall apply with respect to conduct occurring during the period beginning on the date of enactment of this ,act and ending on the date on which this section ceases to have any force or effect under subsection 7g74 7f7 ,report to ,congress ,not later than #h years after the date of the enactment of this ,act1 the ,commission1 in consultation with the ,attorney ,general1 shall submit to ,congress a report on the implementation and enforcement of this section4 7g7 ,sunset ,this section shall cease to have any force or effect on the date that is #aj years after the date of the enactment of this ,act4 7h7 ,definitions ,in this section3 7#a7 ,commission ,the term ,commission means the ,federal ,trade ,commission4 7#b7 ,covered country 7,a7 ,in general ,the term covered country means-- 7i7 ,china1 ,russia1 ,north ,korea1 ,iran1 ,syria1 and ,sudan2 7ii7 any other country the government of which the ,secretary of ,state determines has repeatedly provided support for international terrorism pursuant to-- 7,i7 section #aged7;c77#a77;,a7 of the ,export ,control ,reform ,act of #bjah 7#ej ,u4,s4,c4 #dcah7;c77#a77;,a772 7,,ii7 section #fbj;,a of the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #bcga72 7,,iii7 section #dj of the ,arms ,export ,control ,act 7#bb ,u4,s4,c4 #bghj72 or 7,,iv7 any other provision of law2 and 7iii7 subject to subparagraph 7,b71 any other country designated by the ,attorney ,general or the ,commission based on expert knowledge of the sources of dangerous software4 7,b7 ,process 7i7 ,designation ,upon designating a country under subparagraph 7,a77iii71 the ,attorney ,general or the ,commission 7in this clause referred to as the notifying party7 shall transmit a notification of the designation to the ,commission or the ,attorney ,general1 as the case may be 7in this clause referred to as the notified party74 ,such designation shall become effective on the day that is #cj days after the date on which such notification is transmitted1 unless1 before such day1 the notified party transmits to the notifying party and the ,secretary of ,state an objection4 ,the ,secretary shall1 not later than #cj days after the date on which the ,secretary receives such objection1 determine whether to designate such country under such subparagraph4 7ii7 ,revocation of designation 7,i7 ,joint action required ,except as provided in subclause 7,,ii71 the designation of a country under subparagraph 7,a77iii7 may only be revoked by the ,attorney ,general and the ,commission1 acting jointly4 7,,ii7 ,dispute resolution ,in the case of a dispute between the ,attorney ,general and the ,commission regarding whether to revoke the designation of a country under subparagraph 7,a77iii71 the ,attorney ,general or the ,commission may transmit to the ,secretary of ,state a notification of such dispute4 ,the ,secretary shall1 not later than #cj days after the date on which the ,secretary receives such notification1 determine whether to revoke such designation4 7#c7 ,covered foreign software ,the term covered foreign software means software that is developed by-- 7,a7 a person 7other than an individual7-- 7i7 who is organized under the laws of a covered country2 or 7ii7 whose principal operations are conducted in a covered country2 or 7,b7 a person 7other than an individual7 that is1 directly or indirectly1 controlled by a person described in subparagraph 7,a74 7#d7 ,mobile application ,the term mobile application means a software program that runs on the operating system of a smartphone1 tablet computer1 or similar mobile electronic device4 7#e7 ,software ,the term software means any computer software program1 including a mobile application4 7#f7 ,software marketplace operator ,the term software marketplace operator means a person who1 for a commercial purpose1 operates an online store or marketplace through which software is made available for download by consumers4