; or (2) make available covered foreign software for download by consumers unless the operator or developer has in place procedures to ensure compliance with paragraph (1). (b) Requirements for warning (1) In general A warning meets the requirements of this subsection if such warning reads as follows (with the italicized language being replaced and the other bracketed language being included or deleted, as appropriate for the covered foreign software regarding which the warning is being given, and the brackets removed): Warning: [ Name of Covered Foreign Software ] is developed by [ Name of Developer of Covered Foreign Software ], 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 Country ]. 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 download. . (2) Alternative warnings The Commission may by regulation specify that a warning other than the warning provided in paragraph (1) meets the requirements of this subsection, as the Commission considers appropriate. (c) Liability of software developer In the case of a violation of subsection (a) by a software marketplace operator, 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 software, the developer (as well as the software marketplace operator) shall be considered to have committed the violation. (d) Enforcement by Federal Trade Commission (1) 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 18(a)(1)(B) of the Federal Trade Commission Act ( 15 U.S.C. 57a(a)(1)(B) ) regarding unfair or