Contact:  Darlene Schlicher (615) 741-6336 or email:  darlene.schlicher@capitol.tn.gov
     (NASHVILLE, TN), February 22, 2010 –     The full Senate has approved legislation sponsored by Senator Tim Burchett (R-Knoxville) aimed at preventing child pornography by adding any unauthorized “covered file-sharing program” as an unfair or deceptive act under Tennessee’s Consumer Protection Act.  The practice, also known as Peer to Peer File Sharing (P2P) can be used for legitimate purposes, but has also served as a massive distribution system for pornography, including child pornography.
     “This legislation will provide state authorities with the power to take action and protect our citizens from unauthorized use of peer to peer file sharing and will help curb the distribution of child pornography through this system,” said Senator Burchett. “It will send a clear message that Tennessee will prosecute those who use these applications as a tool to find their victims or to spread child pornography.  It also helps citizens from the dangers of identity theft from inadvertent file sharing.”
     Last year, Congress passed legislation to require P2P programs to provide consumers with notice as to which of their files will be shared publicly and requiring the user to activate the function that would share their files.  However, it is the state’s responsibility to protect its consumers.  This legislation, Senate Bill 3407, amends Tennessee’s deceptive trade practices law so that the state will have the authority to take action to inform and protect citizens.  It would also alert the developers and distributors of file sharing programs that consumers must be informed on the front end by requiring a user to affirmatively activate any sharing feature on the application. 
     “In addition to the illegal use of file sharing technology to distribute pornography and to reach unsuspecting children, many individuals who install these applications are not aware that they open all of the personal and confidential files on their computer to the public for sharing,” added Burchett.  “These may include loan applications, credit card numbers, passwords, tax returns, personal emails and information that can be used by individuals to steal someone’s identity.  I am very pleased this has passed with unanimous support from the Senate.”
     The bill was approved by a vote of 32 to 0.  It now goes to the House of Representatives for their consideration.