Relates to file-sharing applications

BILL NUMBER:S4435A

Title of bill

An act to amend the general business law, in relation to file-sharing applications

Purpose

This legislation would strengthen current regulations relating to file-sharing applications.

Summary of provisions

This legislation adds a new section to the general business law, strengthening regulations relating to covered file sharing programs, which are defined within.

Under these new regulations, a person or entity that is not an owner or authorized user of a computer is prohibited from installing or causing a covered file-sharing program to be installed onto the computer without first providing clear notice to the owner or authorized user of the computer that their files may be made available to the public. Such non-owners/non-authorized users much also obtain consent from the owner or authorized user to install the program. Further, this bill requires affirmative steps to be taken by the owner/authorized user to activate any feature on the program that will make files on that computer available to the public.

Also, under the provisions of this legislation, non-owners and non-authorized users of a computer may also not directly or indirectly cause files to be stored on that computer, which, in turn, could be searched and copied by third parties unknown to the owner. In instances where the owner does authorize their files to be shared, the consumer must still be given the chance to affirmatively select which particular files would be made available.

Furthermore, this bill prohibits a person or entity that is not an owner or authorized user of a computer from preventing reasonable efforts to disable or remove, or to block the installation of execution of, a covered file-sharing program on the computer.

This legislation also authorized the attorney general to bring civil action against any seller or reseller who violates and provision of this section.

Section 2. Effective date.

Justification

Peer-to-peer file sharing applications (P2P) allow computer users to easily connect to each other to "share" computer files and content.

While P2P can be used for legitimate purposes, it has been predominantly used to illegally infringe millions of copyrighted works. Many of these networks also contain child pornography. While P2P applications allow users to search for content on others' computers, many may not be aware that P2P also may be sharing with

the Public personal and/or confidential files from their own computers. By passing this legislation we will provide our authorities with the power to take the action to protect our citizens that federal authorities are often unable - or unwilling - to take.

Legislative history

A.11252 of 2010: Referred to Consumer Protections

Fiscal implications

None.

Effective date

This act shall take effect on the ninetieth day after it shall become law.