,,ii  #aafth ,,congress  #b;d ,session  
,s4 #dhfi  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,october #bf   
7legislative day1 ,october #ai71        
#bjbj,mr4 ,rubio introduced the         
following bill2 which was read twice and
 referred to the ,committee on          
,commerce1 ,science1 and ,transportation
  ,a ,,bill  ,to require software       
marketplace operators and owners of     
covered foreign software to provide     
consumers with a warning prior to the   
download of such software1 to establish 
consumer data protections1 and for other
 purposes4  #a4 ,short title ,this ,act 
may be cited as the ,adversarial        
,platform ,prevention ,act of #bjbj or  
the ,,app ,act4  #b4 ,consumer          
protections regarding covered foreign   
software  7a7 ,consumer warning and     
acknowledgment for download of covered  
foreign software  7#a7 ,in general ,a   
software marketplace operator or an     
owner of covered foreign software may   
not3 7,a7 ,permit a consumer to download

 covered foreign software unless1 before
 the download begins-- 7i7 a warning    
that meets the requirements of paragraph
 7#b7 is displayed to the consumer1     
separately from any privacy policy1     
terms of service1 or other notice2 and  
7ii7 the consumer is required to choose 
7by taking an affirmative step such as  
clicking on a button7 between the       
options of-- 7,i7 acknowledging such    
warning and proceeding with the         
download2 or  7,,ii7 cancelling the     
download4  7,b7 ,make available covered 
foreign software for download by        
consumers unless the operator or owner  
has in place procedures to ensure       
compliance with subparagraph 7,a74  7#b7
 ,requirements for warning ,the         
requirements of this paragraph are1 with
 respect to a warning regarding covered 
foreign software-- 7,a7 that the warning
 include-- 7i7 the name of the covered  
foreign software2  7ii7 the name of each
 owner of the covered foreign software1 
and1 if applicable with respect to each 

such owner1 the name of the covered     
country-- 7,i7 under the laws of which  
such owner is organized2  7,,ii7 in     
which such owner conducts its principal 
operations2 or  7,,iii7 in which such   
owner is headquartered2  7iii7 the name 
of each controlling entity of the owner 
of the covered foreign software1 and if 
applicable with respect to each such    
controlling entity1 the name of the     
covered country-- 7,i7 under the laws of
 which such entity is organized2  7,,ii7
 in which such entity conducts its      
principal operations2 or  7,,iii7 in    
which such entity is headquartered2     
7iv7 any enumerated risk to data privacy
 and security or the censorship of      
speech associated with the laws and     
practices of a covered country disclosed
 under this subparagraph2  7v7 whether  
the owner of a covered foreign software1
 or any controlling entity of such      
owner1 has ever provided the data of    
,united ,states consumers1 as it relates
 to such software1 to any law           

enforcement agency1 intelligence agency1
 or other government entity of a covered
 country2 and  7vi7 a description of how
 to acknowledge the warning and either  
proceed with or cancel the download2    
7,b7 that the warning be updated        
annually2 and  7,c7 such other          
requirements as the ,commission1 in     
consultation with the ,attorney ,general
 of the ,united ,states1 shall          
determine4  7#c7 ,liability of software 
owner ,if a software marketplace        
operator permits a consumer to download 
covered foreign software or makes       
covered foreign software available for  
download in violation of paragraph 7#a71
 the operator shall not be liable for a 
violation of such paragraph if the      
operator reasonably relied on inaccurate
 information from the owner of the      
covered foreign software in determining 
that the software was not covered       
foreign software1 and the owner of the  
covered foreign software shall be       
considered to have committed the        

violation of such paragraph4  7b7       
,consumer data protections  7#a7        
,consumer data privacy practices  7,a7  
,consumer data report ,not later than   
#cj days after the date of enactment of 
this ,act 7or in the case of covered    
foreign software that is created after  
such date or software that becomes      
covered foreign software after such     
date1 #fj days after the date that such 
software is created or becomes covered  
foreign software71 and annually         
thereafter1 an owner of covered foreign 
software shall submit to the ,commission
 and the ,attorney ,general of the      
,united ,states a report that includes a
 complete description of any consumer   
data privacy practice of the owner as it
 relates to the data of ,united ,states 
consumers1 including-- 7i7 the type of  
data of ,united ,states consumers being 
accessed2  7ii7 a description of how    
such data is used by the owner2  7iii7 a
 description of any consumer data       
protection measure in place that        

protects the rights and interests of    
,united ,states consumers2  7iv7        
information regarding-- 7,i7 the number 
of requests from a law enforcement      
agency1 intelligence agency1 or other   
government entity of a covered country  
to disclose the consumer data of a      
person in the ,united ,states2 and      
7,,ii7 a description of how such        
requests were handled2 and  7v7 a       
description of any internal content     
moderation practice of the owner as it  
relates to the data of consumers in the 
,united ,states1 including any such     
practice that also relates to consumers 
in another country4  7,b7 ,public       
accessibility ,notwithstanding any other
 provision of law1 not later than #fj   
days after the receipt of a report under
 subparagraph 7,a71 the ,attorney       
,general of the ,united ,states shall   
publish the information contained in    
such report 7except for any confidential
 material7 in a publicly accessible     
manner4  7#b7 ,consumer data disclosure 

practices  7,a7 ,effect of disclosure   
and censorship ,an owner of covered     
foreign software may not collect or     
store data of ,united ,states consumers1
 as it relates to such covered foreign  
software1 if such owner complies with   
any request from a law enforcement      
agency1 intelligence agency1 or other   
government entity of a covered country--
 7i7 to disclose the consumer data of a 
person in the ,united ,states2 or  7ii7 
to censor the online activity of a      
person in the ,united ,states4  7,b7    
,report to ,federal ,trade ,commission  
and ,attorney ,general of the ,united   
,states ,not later than #ad days after  
receiving a request described in        
subparagraph 7,a71 an owner of covered  
foreign software shall submit to the    
,commission and the ,attorney ,general  
of the ,united ,states a report that    
includes a description of such request4 
7,c7 ,access to consumer data in        
subsidiaries ,not later than #a year    
after the date of enactment of this     

,act1 the ,commission1 in consultation  
with the ,attorney ,general of the      
,united ,states1 shall issue regulations
 to require an owner of covered foreign 
software to implement consumer data     
protection measures to ensure that any  
parent company in a covered country may 
not access the consumer data collected  
and stored1 or otherwise held1 by a     
subsidiary entity of such parent company
 in a country that is not a covered     
country4  7#c7 ,prohibitions on storage1
 use1 and sharing of consumer data  7,a7
 ,use1 transfer1 and storage of consumer
 data ,with respect to the consumer data
 of any person in the ,united ,states1  
an owner of covered foreign software may
 not-- 7i7 use such data in a covered   
country2  7ii7 transfer such data to a  
covered country2 or  7iii7 store such   
data outside of the ,united ,states4    
7,b7 ,sharing of consumer data ,an owner
 of covered foreign software may not    
share with1 sell to1 or otherwise       
disclose to any other commercial entity 

the consumer data of any person in the  
,united ,states4  7#d7 ,censorship      
remedy ,in the case where an owner of   
covered foreign software censors the    
online activity of a person in the      
,united ,states1 such owner shall       
provide any affected user with a means  
to appeal such censorship4  7c7         
,nonapplication of ,communications      
,decency ,act protections               
,notwithstanding section #bcj of the    
,communications ,act of #aicd 7#dg      
,u4,s4,c4 #bcj7 7commonly known as the  
,communications ,decency ,act71 an owner
 of a covered foreign software shall not
 be considered a provider of an         
interactive computer service for        
purposes of subsection 7c7 of such      
section with respect to such covered    
foreign software4  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  7,a7 ,in general
 ,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,b7 ,additional relief ,in addition  
to the penalties provided in the        
,federal ,trade ,commission ,act 7#ae   
,u4,s4,c4 #da et seq471 if a court or   

the ,commission 7in a formal            
adjudicative proceeding7 determines that
 an owner of covered foreign software   
violated this section or a regulation   
promulgated under this section1 the     
court or the ,commission shall prohibit 
the owner from making such software     
available for sale or download in the   
,united ,states4  7#c7 ,regulations ,the
 ,commission may promulgate regulations 
under section #eec of title #e1 ,united 
,states ,code1 to carry out this        
section4  7#d7 ,savings clause ,nothing 
in this section shall be construed to   
limit the authority of the ,commission  
under any other provision of law4  7e7  
,criminal offense  7#a7 ,in general ,a  
software marketplace operator or an     
owner of covered foreign software that  
knowingly violates subsection 7a7 or 7b7
 shall be fined #ej1jjj for each        
violation4  7#b7 ,clarifications  7,a7  
,separate violation ,for purposes of    
paragraph 7#a71 each download by a      
consumer of a covered foreign software  

that does not meet the requirements of  
subparagraph 7,a7 of subsection 7a77#a7 
or is made available in violation of    
subparagraph 7,b7 of such subsection    
shall be treated as a separate          
violation4  7,b7 ,individual offense ,an
 officer of a software marketplace      
operator or of an owner of covered      
foreign software who knowingly causes a 
violation of subsection 7a77#a7 with the
 intent to conceal the fact that the    
software is covered foreign software    
shall be fined under title #ah1 ,united 
,states ,code4  7#c7 ,referral of       
evidence by ,,ftc ,whenever the         
,commission obtains evidence that a     
software marketplace operator or owner  
of covered foreign software has engaged 
in conduct that may constitute a        
violation of subsection 7a7 or 7b71 the 
,commission shall transmit such evidence
 to the ,attorney ,general of the       
,united ,states1 who may institute      
criminal proceedings under this         
subsection4 ,nothing in this paragraph  

affects any other authority of the      
,commission to disclose information4    
7f7 ,report to ,congress ,not later than
 #a year after the date of the enactment
 of this ,act1 the ,commission1 in      
consultation with the ,attorney ,general
 of the ,united ,states1 shall submit to
 ,congress a report on the              
implementation and enforcement of this  
section4  7g7 ,expansion of covered     
transactions under the ,,dpa ,section   
#gba7;a77#d77;,b77iii77,,iii7 of the    
,defense ,production ,act of #aiej 7#ej 
,u4,s4,c4                               
#defe7;a77#d77;,b77iii77,,iii77 is      
amended by inserting or commercially    
available after sensitive4  7h7 ,express
 preemption of ,state law ,this ,act    
shall supersede any provision of a law1 
regulation1 or other requirement of any 
,state or political subdivision of a    
,state to the extent that such provision
 relates to the privacy or security of  
consumer data or the downloading of     
covered foreign software4  7i7          

,definitions ,in this section3 7#a7     
,censor  7,a7 ,in general ,the term     
censor1 with respect to the online      
activity of a person in the ,united     
,states1 means-- 7i7 to alter1 delete1  
remove1 or otherwise make inaccessible  
user information without the consent of 
such user2 or  7ii7 to alter1 delete1   
remove1 deny1 prevent1 or otherwise     
prohibit user activity without the      
consent of such user4  7,b7 ,exception  
,such term shall not include any action 
by an owner of covered foreign software 
that is taken for the purpose of        
restricting access to1 or availability  
of1 material that the owner considers to
 be obscene1 lewd1 lascivious1 filthy1  
excessively violent1 harassing1 or      
otherwise objectionable1 whether or not 
such material is constitutionally       
protected4  7#b7 ,commission ,the term  
,commission means the ,federal ,trade   
,commission4  7#c7 ,covered country     
7,a7 ,in general ,subject to            
subparagraph 7,b71 the term covered     

country means-- 7i7 ,china1 ,russia1    
,north ,korea1 ,iran1 ,syria1 ,sudan1   
,venezuela1 or ,cuba2  7ii7 any other   
country the government of which the     
,secretary of ,state determines has     
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 any other  
country designated by the ,attorney     
,general of the ,united ,states based on
 findings that such country's control   
over potentially dangerous software     
poses an undue or unnecessary risk to   
the national security of the ,united    
,states or to the safety and security of
 ,united ,states persons4  7,b7 ,process
  7i7 ,advance notice to ,congress ,the 

,attorney ,general of the ,united       
,states shall not designate a country   
under subparagraph 7,a77iii7 7or revoke 
such a designation under clause 7iii77  
unless the ,attorney ,general of the    
,united ,states-- 7,i7 provides not less
 than #cj days notice prior to making   
such designation or revocation to-- 7aa7
 the ,committee on ,energy and ,commerce
 of the ,house of ,representatives2     
7bb7 the ,permanent ,select ,committee  
on ,intelligence of the ,house of       
,representatives2  7cc7 the ,committee  
on ,commerce1 ,science1 and             
,transportation of the ,senate2 and     
7dd7 the ,select ,committee on          
,intelligence of the ,senate2 and       
7,,ii7 upon request1 provides an        
in-person briefing to each such         
,committee during the #cj-;day notice   
period4  7ii7 ,notice and publication of
 designation ,upon designating a country
 under subparagraph 7,a77iii71 the      
,attorney ,general of the ,united       
,states shall transmit a notification of

 the designation to the ,commission1 and
 shall publish such notification4 ,such 
designation shall become effective on   
the day that is #fj days after the date 
on which such notification is           
transmitted and published4  7iii7       
,revocation of designation ,the         
designation of a country under          
subparagraph 7,a7 may only be revoked by
 the ,attorney ,general of the ,united  
,states4  7#d7 ,covered foreign software
  7,a7 ,in general ,the term covered    
foreign software means any of the       
following3 7i7 ,software that is owned  
or directly or indirectly controlled by 
a person described in subparagraph 7,b74
  7ii7 ,software that stores data of    
,united ,states consumers in a covered  
country4  7,b7 ,persons described ,a    
person described in this subparagraph   
is-- 7i7 a person 7other than an        
individual7-- 7,i7 that is organized    
under the laws of a covered country2    
7,,ii7 the principal operations of which
 are conducted in a covered country2 or 

7,,iii7 that is headquartered in a      
covered country2 or  7ii7 a person      
7other than an individual7 that is1     
directly or indirectly1 controlled by a 
person described in clause 7i74  7#e7   
,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#f7         
,software ,the term software means any  
computer software program1 including a  
mobile application4  7#g7 ,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 consumers in the ,united    
,states4