I 

112TH CONGRESS 

1ST SESSION H. R. 3605 

To prevent United States businesses from cooperating with repressive governments in transforming the Internet into a tool of censorship and surveillance, to fulfill the responsibility of the United States Government to 

promote freedom of expression on the Internet, to restore public confidence in the integrity of United States businesses, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 8, 2011 

Mr. SMITH of New Jersey (for himself, Mr. WOLF, and Mr. MCCOTTER) introduced the following bill; which was referred to the Committee on Foreign 

Affairs, and in addition to the Committees on Ways and Means and Financial Services, for a period to be subsequently determined by the 

Speaker, in each case for consideration of such provisions as fall within 

the jurisdiction of the committee concerned 

A BILL 

To prevent United States businesses from cooperating with 

repressive governments in transforming the Internet into 

a tool of censorship and surveillance, to fulfill the responsibility of the United States Government to promote freedom of expression on the Internet, to restore public 

confidence in the integrity of United States businesses, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

2 (a) SHORT TITLE.—This Act may be cited as the 

3 ‘‘Global Online Freedom Act of 2011’’. 

4 (b) TABLE OF CONTENTS.—The table of contents for 

5 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Findings. 

Sec. 3. Definitions. 

Sec. 4. Severability. 

TITLE I—PROMOTION OF GLOBAL INTERNET FREEDOM 

Sec. 101. Statement of policy. 

Sec. 102. Sense of Congress. 

Sec. 103. Annual Country Reports on Human Rights Practices. 

Sec. 104. Annual designation of Internet-restricting countries; report. 

Sec. 105. Report on trade-related issues or disputes due to government censorship or disruption of the Internet. 

TITLE II—CORPORATE TRANSPARENCY AND ACCOUNTABILITY TO 

PROTECT ONLINE FREEDOM 

Sec. 201. Disclosure of blocking and surveillance by Internet communications 

services companies. 

TITLE III—EXPORT CONTROLS ON CERTAIN 

TELECOMMUNICATIONS EQUIPMENT 

Sec. 301. Export controls on certain telecommunications equipment. 

6 SEC. 2. FINDINGS. 

7 Congress makes the following findings: 

8 (1) The political and economic benefits of the 

9 Internet are important to advancing democracy and 

10 freedom throughout the world, but the potential ben11 efits of this transformative technology are under at12 tack by authoritarian governments; 

13 (2) A number of repressive foreign governments 

14 block, restrict, otherwise control, and monitor the 


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1 Internet, effectively transforming the Internet into a 

2 tool of censorship and surveillance. 

3 (3) A number of United States businesses have 

4 enabled repressive regimes to compromise the secu5 rity of Internet users engaged in peaceful discussion 

6 of political, social, and religious issues and severely 

7 limit their access to information and communication 

8 channels by selling these governments or their 

9 agents technology or training. 

10 (4) A number of United States businesses have 

11 provided repressive governments with information 

12 about Internet users who were the company’s clients 

13 or were using the companies’ products, that has led 

14 to the arrest and imprisonment of the Internet 

15 users. 

16 (5) The actions of a number of United States 

17 businesses in cooperating with the efforts of repres18 sive governments to transform the Internet into a 

19 tool of censorship and surveillance have caused 

20 Internet users in the United States and in foreign 

21 countries to lose confidence in the integrity of 

22 United States businesses. 

23 (6) Information and communication technology 

24 companies are to be commended for cooperating with 

25 civil society organizations, academics, and investors 


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1 in founding the Global Network Initiative, in order 

2 to provide direction and guidance to the Information 

3 and Communications Technology companies and oth4 ers in protecting the free expression and privacy of 

5 Internet users. Human rights due diligence by com6 panies makes a difference. 

7 (7) The United States Government has a re8 sponsibility to protect freedom of expression on the 

9 Internet, to prevent United States businesses from 

10 directly and materially cooperating in human rights 

11 abuses perpetrated by repressive foreign govern12 ments, and to restore public confidence in the integ13 rity of United States business. 

14 SEC. 3. DEFINITIONS. 

15 In this Act: 

16 (1) APPROPRIATE CONGRESSIONAL COMMIT17 TEES.—The term ‘‘appropriate congressional com18 mittees’’ means— 

19 (A) the Committee on Foreign Affairs and 

20 the Committee on Financial Services of the 

21 House of Representatives; and 

22 (B) the Committee on Foreign Relations 

23 and the Committee on Finance of the Senate. 

24 (2) ELECTRONIC COMMUNICATION AND OTHER

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1 munication’’, ‘‘electronic communications system’’, 

2 ‘‘electronic storage’’, and ‘‘contents’’ have the mean3 ings given such terms in section 2510 of title 18, 

4 United States Code. 

5 (3) FOREIGN OFFICIAL.— 

6 (A) IN GENERAL.—The term ‘‘foreign offi7 cial’’ means— 

8 (i) any officer or employee of a for9 eign government or of any department; 

10 and 

11 (ii) any person acting in an official ca12 pacity for or on behalf of, or acting under 

13 color of law with the knowledge of, any 

14 such government or such department, 

15 agency, state-owned enterprise, or instru16 mentality. 

17 (B) STATE-OWNED ENTERPRISE.—For 

18 purposes of subparagraph (A), the term ‘‘state19 owned enterprise’’ means a commercial entity in 

20 which a foreign government owns or controls, 

21 directly or indirectly, more than 50 percent of 

22 the outstanding capital stock or other beneficial 

23 interest in such commercial entity. 


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1 (4) INTERNET.—The term ‘‘Internet’’ has the 

2 meaning given the term in section 231(f) of the 

3 Communications Act of 1934 (47 U.S.C. 231(f)). 

4 (5) INTERNET-RESTRICTING COUNTRY.—The 

5 term ‘‘Internet-restricting country’’ means a country 

6 designated by the Secretary of State pursuant to 

7 section 104(a) of this Act. 

8 (6) INTERNET COMMUNICATIONS SERVICES.— 

9 The term ‘‘Internet communications services’’— 

10 (A) means a method for providing commu11 nications services via the Internet, including 

12 electronic mail, Internet telephony, online chat, 

13 online text messaging, Internet bulletin boards, 

14 or Web pages; and 

15 (B)(i) includes providing Internet access; 

16 but 

17 (ii) does not include activities conducted by 

18 a financial institution (as such term is defined 

19 in section 5312 of title 31, United States Code) 

20 that are financial in nature, even if such activi21 ties are conducted using the Internet. 

22 (7) INTERNET CONTENT HOSTING SERVICE.— 

23 The terms ‘‘Internet content hosting service’’ and 

24 ‘‘content hosting service’’ mean a service that— 


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1 (A) stores, through electromagnetic or 

2 other means, electronic data, such as the con3 tent of Web pages, electronic mail, documents, 

4 images, audio and video files, online discussion 

5 boards, or Web logs; and 

6 (B) makes such data available via the 

7 Internet. 

8 (8) INTERNET SEARCH ENGINE.—The term 

9 ‘‘Internet search engine’’ or ‘‘search engine’’ means 

10 a service made available via the Internet that, on the 

11 basis of a query consisting of terms, concepts, ques12 tions, or other data input by a user, searches infor13 mation available on the Internet and returns to the 

14 user a means, such as a hyperlinked list of Uniform 

15 Resource Identifiers, of locating, viewing, or 

16 downloading information or data available on the 

17 Internet relating to such query. 

18 (9) LEGITIMATE FOREIGN LAW ENFORCEMENT

19 PURPOSES.— 

20 (A) IN GENERAL.—The term ‘‘legitimate 

21 foreign law enforcement purpose’’ means for the 

22 purpose of enforcement, investigation, or pros23 ecution by a foreign official based on a publicly 

24 promulgated law of reasonable specificity that 

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1 motion of the health, safety, or morals of the 

2 citizens of the jurisdiction of such official. 

3 (B) RULE OF CONSTRUCTION.—For pur4 poses of this Act, the control, suppression, or 

5 punishment of peaceful expression of political, 

6 religious, or ideological opinion or belief shall 

7 not be construed to constitute a legitimate for8 eign law enforcement purpose. Among expres9 sion that should be construed to be protected 

10 against control, suppression, or punishment 

11 when evaluating a foreign government’s claim 

12 of a legitimate foreign law enforcement purpose 

13 is expression protected by article 19 of the 

14 International Covenant on Civil and Political 

15 Rights. 

16 (10) PERSONALLY IDENTIFIABLE INFORMA17 TION.—The term ‘‘personally identifiable informa18 tion’’— 

19 (A) includes any information described in 

20 section 2703(c)(2) of title 18, United States 

21 Code; and 

22 (B) does not include— 

23 (i) any traffic data; or 


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1 (ii) any record of aggregate data 

2 which cannot be used to identify particular 

3 persons. 

4 (11) PERSONALLY IDENTIFIABLE INFORMATION

5 USED TO ESTABLISH OR MAINTAIN AN ACCOUNT.— 

6 The term ‘‘personally identifiable information used 

7 to establish or maintain an account’’ does not in8 clude— 

9 (A) information collected in the course of 

10 establishing or operating accounts for commu11 nications within a company; 

12 (B) information collected in the course of 

13 the purchase, sale, shipment, or distribution of 

14 goods, including transactions for goods or serv15 ices utilizing the Internet, other than commu16 nication services on which a political, religious, 

17 or ideological opinion or belief may be ex18 pressed; or 

19 (C) personally identifiable information vol20 unteered in an electronic communication, other 

21 than in a communication made in the course of 

22 establishing an account for Internet commu23 nications services, such as an electronic mail 

24 signature line or an electronic mail, on-line 

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1 tarily provides personally identifiable informa2 tion. 

3 (12) SUBSTANTIAL RESTRICTIONS ON INTER4 NET FREEDOM.—The term ‘‘substantial restrictions 

5 on Internet freedom’’ means actions that restrict or 

6 punish the free availability of information via the 

7 Internet for reasons other than legitimate foreign 

8 law enforcement purposes, including— 

9 (A) deliberately blocking, filtering, or cen10 soring information available via the Internet 

11 based on the expression of political, religious, or 

12 ideological opinion or belief, including by elec13 tronic mail; or 

14 (B) persecuting, prosecuting, or otherwise 

15 punishing an individual or group for posting or 

16 transmitting peaceful political, religious, or ide17 ological opinion or belief via the Internet, in18 cluding by electronic mail. 

19 (13) TRAFFIC DATA.—The term ‘‘traffic data’’ 

20 means, with respect to an electronic communication, 

21 any information contained in or relating to such 

22 communication that is processed for the purpose of 

23 the conveyance of the communication by an elec24 tronic communications system or for the billing 

25 thereof, including any Internet Protocol address or 


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1 other means of identifying a location within an elec2 tronic communications system, but that cannot be 

3 used to identify a particular person. Such term can4 not be used to include the contents of any electronic 

5 communication. 

6 (14) UNITED STATES BUSINESS.—The term 

7 ‘‘United States business’’ means— 

8 (A) any corporation, partnership, associa9 tion, joint-stock company, business trust, unin10 corporated organization, or sole proprietorship 

11 that— 

12 (i) has its principal place of business 

13 in the United States; or 

14 (ii) is organized under the laws of a 

15 State of the United States or a territory, 

16 possession, or commonwealth of the United 

17 States; and 

18 (B) any issuer of a security registered pur19 suant to section 12 of the Securities Exchange 

20 Act of 1934 (15 U.S.C. 78l). 

21 SEC. 4. SEVERABILITY. 

22 If any provision of this Act, or the application of such 

23 provision to any person or circumstance, is held invalid, 

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1 vision to other persons not similarly situated or to other 

2 circumstances, shall not be affected by such invalidation. 

3 TITLE I—PROMOTION OF 

4 GLOBAL INTERNET FREEDOM 

5 SEC. 101. STATEMENT OF POLICY. 

6 It shall be the policy of the United States— 

7 (1) to promote as a fundamental component of 

8 United States foreign policy the right of every indi9 vidual to freedom of opinion and expression, includ10 ing the right to hold opinions, and to seek, receive, 

11 and impart information and ideas through any 

12 media and regardless of frontiers, without inter13 ference; 

14 (2) to use all appropriate instruments of United 

15 States influence, including diplomacy, trade policy, 

16 and export controls, to support, promote, and 

17 strengthen principles, practices, and values that pro18 mote the free flow of information without inter19 ference or discrimination, including through the 

20 Internet and other electronic media; and 

21 (3) to deter any United States business from 

22 cooperating with officials of Internet-restricting 

23 countries in effecting the political censorship of on24 line content. 


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1 SEC. 102. SENSE OF CONGRESS. 

2 It is the sense of the Congress that— 

3 (1) the President should, through bilateral, and 

4 where appropriate, multilateral activities, seek to ob5 tain the agreement of other countries to promote the 

6 goals and objectives of this Act and to protect Inter7 net freedom; and 

8 (2) to the extent that a United States business 

9 empowers or assists any foreign government in its 

10 efforts— 

11 (A) to restrict online access to the Web 

12 sites of the Voice of America, Radio Free Eu13 rope/Radio Liberty, Radio Free Asia, Al-Hurra, 

14 Radio Sawa, Radio Farda, Radio Marti, TV 

15 Marti, or other United States-supported Web 

16 sites and online access to United States Govern17 ment reports such as the annual Country Re18 ports on Human Rights Practices, the annual 

19 Reports on International Religious Freedom, 

20 and the annual Trafficking in Human Persons 

21 Reports, or 

22 (B) to compromise the security of Internet 

23 users, severely limit their access to information 

24 and communication channels through censoring 

25 of information or malicious attacks, 


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1 such business is working contrary to the foreign pol2 icy interests of the United States and is undercut3 ting United States taxpayer-funded efforts to pro4 mote freedom of information for all people, including 

5 those in undemocratic and repressive societies. 

6 SEC. 103. ANNUAL COUNTRY REPORTS ON HUMAN RIGHTS 

7 PRACTICES. 

8 (a) REPORT RELATING TO ECONOMIC ASSIST9 ANCE.—Section 116 of the Foreign Assistance Act of 

10 1961 (22 U.S.C. 2151n) is amended by adding at the end 

11 the following new subsection: 

12 ‘‘(g)(1) The report required by subsection (d) shall 

13 include an assessment of the freedom of electronic infor14 mation in each foreign country. Such assessment shall 

15 consist of the following: 

16 ‘‘(A) An assessment of the general extent to 

17 which Internet access is available to and used by 

18 citizens in that country. 

19 ‘‘(B) An assessment of the extent to which gov20 ernment authorities in that country attempt to filter, 

21 censor, or otherwise block or remove Internet con22 tent, as well as a description of the means by which 

23 such authorities attempt to block or remove pro24 tected speech. 


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1 ‘‘(C) A description of known instances in which 

2 government authorities in that country have per3 secuted, prosecuted, or otherwise punished an indi4 vidual or group for the nonviolent expression of po5 litical, religious, or ideological opinion or belief via 

6 the Internet, including electronic mail. 

7 ‘‘(D) A description of known instances in which 

8 government authorities in that country have sought 

9 to collect, request, obtain, or disclose the personally 

10 identifiable information of a person in connection 

11 with that person’s nonviolent expression of political, 

12 religious, or ideological opinion or belief, including 

13 without limitation communication that would be pro14 tected by the International Covenant on Civil and 

15 Political Rights. 

16 ‘‘(2) In compiling data and making assessments for 

17 the purposes of paragraph (1), United States diplomatic 

18 mission personnel shall consult with human rights organi19 zations, technology and Internet companies, and other ap20 propriate nongovernmental organizations. 

21 ‘‘(3) In this subsection, the term ‘Internet’ has the 

22 meaning given the term in section 231(f) of the Commu23 nications Act of 1934 (47 U.S.C. 231(f)).’’. 

24 (b) REPORT RELATING TO SECURITY ASSISTANCE.— 

25 Section 502B of the Foreign Assistance Act of 1961 (22 


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1 15 U.S.C. 2304) is amended by adding at the end the fol2 lowing new subsection: 

3 ‘‘(j)(1) The report required by subsection (b) shall 

4 include an assessment of the freedom of electronic infor5 mation in each foreign country. Such assessment shall 

6 consist of the following: 

7 ‘‘(A) An assessment of the general extent to 

8 which Internet access is available to and used by 

9 citizens in that country. 

10 ‘‘(B) An assessment of the extent to which gov11 ernment authorities in that country attempt to filter, 

12 censor, or otherwise block or remove Internet con13 tent, as well as a description of the means by which 

14 such authorities attempt to block or remove pro15 tected speech. 

16 ‘‘(C) A description of known instances in which 

17 government authorities in that country have per18 secuted, prosecuted, or otherwise punished an indi19 vidual or group for the peaceful expression of polit20 ical, religious, or ideological opinion or belief via the 

21 Internet, including electronic mail. 

22 ‘‘(D) A description of known instances in which 

23 government authorities in that country have sought 

24 to collect, request, obtain, or disclose the personally 

25 identifiable information of a person in connection 


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1 with that person’s communication of ideas, facts, or 

2 views where such communication would be protected 

3 by the International Covenant on Civil and Political 

4 Rights. 

5 ‘‘(2) In compiling data and making assessments for 

6 the purposes of paragraph (1), United States diplomatic 

7 mission personnel shall consult with human rights organi8 zations, technology and Internet companies, and other ap9 propriate nongovernmental organizations. 

10 ‘‘(3) In this subsection, the term ‘Internet’ has the 

11 meaning given the term in section 231(f) of the Commu12 nications Act of 1934 (47 U.S.C. 231(f)).’’. 

13 SEC. 104. ANNUAL DESIGNATION OF INTERNET-RESTRICT14 ING COUNTRIES; REPORT. 

15 (a) DESIGNATION.— 

16 (1) IN GENERAL.—Not later than 180 days 

17 after the date of the enactment of this Act, and an18 nually thereafter, the Secretary of State shall des19 ignate Internet-restricting countries for purposes of 

20 this Act. 

21 (2) STANDARD.—A foreign country shall be 

22 designated as an Internet-restricting country if the 

23 Secretary of State, after consultation with the Sec24 retary of Commerce, determines, based on the review 

25 of the evidence that the government of the country 


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1 is directly or indirectly responsible for a systematic 

2 pattern of substantial restrictions on Internet free3 dom during any part of the preceding 1-year period. 

4 (b) REPORT.— 

5 (1) IN GENERAL.—Not later than 180 days 

6 after the date of the enactment of this Act, and an7 nually thereafter, the Secretary of State shall trans8 mit to the appropriate congressional committees a 

9 report that contains the following: 

10 (A) The name of each foreign country that 

11 at the time of the transmission of the report is 

12 designated as an Internet-restricting country 

13 under subsection (a). 

14 (B) An identification of each government 

15 agency and quasi-government organization re16 sponsible for the substantial restrictions on 

17 Internet freedom in each foreign country des18 ignated as an Internet-restricting country under 

19 subsection (a). 

20 (C) A description of efforts by the United 

21 States to counter the substantial restrictions on 

22 Internet freedom referred to in subparagraph 

23 (B). 

24 (D) A description of the evidence used by 

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1 tions under subsection (a)(2) and any ongoing 

2 multilateral discussions on freedom of speech 

3 and the right to privacy referred to in such sub4 section. 

5 (2) FORM.—The information required by para6 graph (1)(C) of the report may be provided in a 

7 classified form if necessary. 

8 (3) PUBLIC AVAILABILITY.—All unclassified 

9 portions of the report shall be made publicly avail10 able on the Internet Web site of the Department of 

11 State. 

12 SEC. 105. REPORT ON TRADE-RELATED ISSUES OR DIS13 PUTES DUE TO GOVERNMENT CENSORSHIP 

14 OR DISRUPTION OF THE INTERNET. 

15 (a) REPORT.—Not later than 90 days after the date 

16 of the enactment of this Act, the United States Trade 

17 Representative, in consultation with the Secretary of State 

18 and the Secretary of Commerce, shall transmit to the ap19 propriate congressional committees a report on— 

20 (1) any trade-related issues or disputes that 

21 arise due to government censorship or disruption of 

22 the Internet among United States trade partners; 

23 and 


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1 (2) efforts by the United States Government to 

2 address the issues or disputes described in para3 graph (1) either bilaterally or multilaterally. 

4 (b) SENSE OF CONGRESS.—It is the sense of Con5 gress that the United States should pursue trade policies 

6 that expand the information economy by— 

7 (1) ensuring the free flow of information across 

8 the entire global network; 

9 (2) promoting stronger international trans10 parency rules; and 

11 (3) ensuring fair and equal treatment of online 

12 services regardless of country of origin. 

13 TITLE II—CORPORATE TRANS14 PARENCY AND ACCOUNT15 ABILITY TO PROTECT ONLINE 

16 FREEDOM 

17 SEC. 201. DISCLOSURE OF BLOCKING AND SURVEILLANCE 

18 BY INTERNET COMMUNICATIONS SERVICES 

19 COMPANIES. 

20 (a) IN GENERAL.—Section 13 of the Securities Ex21 change Act of 1934 (15 U.S.C. 78m) is amended by add22 ing at the end the following: 

23 ‘‘(r) DISCLOSURE OF BLOCKING AND SURVEILLANCE

24 BY INTERNET COMMUNICATIONS SERVICES COMPA25 NIES.— 


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1 ‘‘(1) DISCLOSURE.—Each Internet communica2 tions services company that operates in an Internet3 restricting country shall include in the annual report 

4 of the company information relating to the company, 

5 any subsidiary of the company, and any entity under 

6 the control of either of such companies, relating to 

7 the following: 

8 ‘‘(A) HUMAN RIGHTS DUE DILIGENCE.— 

9 Internal company policies that address human 

10 rights due diligence through a statement of pol11 icy that mirrors the Guidelines for Multi12 national Enterprises issued by the Organization 

13 for Economic Co-operation and Development, 

14 and whether such policy— 

15 ‘‘(i) is approved at the most senior 

16 level of the company; 

17 ‘‘(ii) explicitly states the company’s 

18 expectations of personnel, business part19 ners, and other parties directly linked to 

20 its operations, products, or services; 

21 ‘‘(iii) is publicly available and commu22 nicated internally and externally to all per23 sonnel, business partners, other relevant 

24 partners, customers, and users; 


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1 ‘‘(iv) is reflected in operational poli2 cies and procedures necessary to embed it 

3 through it throughout the company; and 

4 ‘‘(v) is independently assessed by a 

5 third party to demonstrate compliance in 

6 practice, which should include— 

7 ‘‘(I) whether the assessment was 

8 conducted under the supervision of 

9 any third party organization or multi10 stakeholder initiative; 

11 ‘‘(II) a description of the assess12 ment process; 

13 ‘‘(III) a description of measures 

14 taken to ensure the assessor’s inde15 pendence; and 

16 ‘‘(IV) inclusion of the assessor’s 

17 public report. 

18 ‘‘(B) NON-COMPLIANCE.—If the company’s 

19 policy does not comply with any of the require20 ments of subclauses (I) through (IV) of sub21 paragraph (A)(v), an explanation of why the 

22 company’s policy does not meet each such re23 quirement. 

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1 FORMATION.—If the company collects or ob2 tains personally identifiable information, the 

3 contents of wire or electronic communications 

4 in electronic storage, or the contents of wire or 

5 electronic communications in a remote com6 puting service on the Internet, the details of 

7 any internal policies or procedures of the com8 pany that set out how the company will assess 

9 and respond to requests by the governments of 

10 Internet-restricting countries for disclosure of 

11 such information or communications. 

12 ‘‘(D) RESTRICTIONS ON INTERNET SEARCH

13 ENGINES AND INTERNET CONTENT HOSTING

14 SERVICES.—If the company creates, provides, 

15 or hosts an Internet search engine or an Inter16 net content hosting service, all steps taken to 

17 provide users and customers with clear, promi18 nent, and timely notice when access to specific 

19 content has been removed or blocked at the re20 quest of an Internet-restricting country. 

21 ‘‘(2) AVAILABILITY OF INFORMATION.—The 

22 Commission shall make all information reported by 

23 an issuer pursuant to this subsection available online 

24 to the public. 

25 ‘‘(3) DEFINITIONS.—In this subsection: 


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1 ‘‘(A) INTERNET COMMUNICATIONS SERV2 ICES COMPANY.—The term ‘Internet commu3 nications services company’ means an issuer 

4 that— 

5 ‘‘(i) is required to file an annual re6 port with the Commission; and 

7 ‘‘(ii)(I) provides electronic commu8 nications services or remote computing 

9 services; or 

10 ‘‘(II) is a domain name registrar, do11 main name registry, or other domain name 

12 registration authority. 

13 ‘‘(B) ELECTRONIC COMMUNICATIONS

14 SERVICES.—The term ‘electronic communica15 tions services’ has the meaning given such term 

16 under section 2510(15) of title 18, United 

17 States Code. 

18 ‘‘(C) INTERNET-RESTRICTING COUNTRY.— 

19 The term ‘Internet-restricting country’ has the 

20 meaning given such term under section 3 of the 

21 Global Online Freedom Act of 2011. 

22 ‘‘(D) REMOTE COMPUTING SERVICES.— 

23 The term ‘remote computing services’ has the 

24 meaning given such term under section 1711(2) 

25 of title 18, United States Code.’’. 


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1 (b) RULEMAKING.—Not later than the end of the 

2 270-day period beginning on the date of the enactment 

3 of this Act, the Securities and Exchange Commission shall 

4 issue final rules to carry out section 13(r) of the Securities 

5 and Exchange Act of 1934, as added by subsection (a). 

6 TITLE III—EXPORT CONTROLS 

7 ON CERTAIN TELECOMMUNI8 CATIONS EQUIPMENT 

9 SEC. 301. EXPORT CONTROLS ON CERTAIN TELECOMMUNI10 CATIONS EQUIPMENT. 

11 (a) IN GENERAL.—Section 6 of the Export Adminis12 tration Act of 1979 (50 U.S.C. App. 2405), as continued 

13 in effect under the International Emergency Economic 

14 Powers Act, is amended by adding at the end the fol15 lowing: 

16 ‘‘(t) CERTAIN TELECOMMUNICATIONS EQUIP17 MENT.— 

18 ‘‘(1) IN GENERAL.—The Secretary, in consulta19 tion with the Secretary of State, the Secretary of 

20 Defense, and the heads of other appropriate Federal 

21 departments and agencies, shall establish and main22 tain, as part of the list maintained under this sec23 tion, a list of goods and technology that would serve 

24 the primary purpose of assisting, or be specifically 

25 configured to assist, a foreign government in acquirVerDate Mar 15 2010 00:19 Dec 14, 2011 Jkt 019200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\H3605.IH H3605

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1 ing the capability to carry out censorship, surveil2 lance, or any other similar or related activity 

3 through means of telecommunications, including the 

4 Internet, the prohibition or licensing of which would 

5 be effective in barring acquisition or enhancement of 

6 such capability. 

7 ‘‘(2) INTERNET-RESTRICTING COUNTRIES.— 

8 Notwithstanding any other provision of law, the Sec9 retary shall prohibit the export of goods or tech10 nology on the list established under paragraph (1) to 

11 a government end user in any Internet-restricting 

12 country. 

13 ‘‘(3) WAIVER.—The President may waive the 

14 application of paragraph (2) with respect to export 

15 of goods or technology on the list established under 

16 paragraph (1) on a case-by-case basis if the Presi17 dent determines and certifies to Congress that it is 

18 in the national interests of the United States to do 

19 so. 

20 ‘‘(4) DEFINITIONS.—In this subsection— 

21 ‘‘(A) the term ‘Internet-restricting country’ 

22 means a country designated by the Secretary of 

23 State pursuant to section 104(a) of the Global 

24 Online Freedom Act of 2011; 


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1 ‘‘(B) a ‘government end user’ in a country 

2 is an end user that is a government of that 

3 country, or of a political subdivision of that 

4 country, or is an agency or instrumentality of 

5 such a government; and 

6 ‘‘(C) an ‘agency or instrumentality’ of a 

7 government is an ‘agency or instrumentality of 

8 a foreign state’, as defined in section 1603 of 

9 title 28, United States Code.’’. 

10 (b) REGULATIONS.— 

11 (1) IN GENERAL.—Not later than 1 year after 

12 the date of the enactment of this Act, the President 

13 shall revise the Export Administration Regulations 

14 and any other regulations necessary to carry out the 

15 amendment made by subsection (a). 

16 (2) EXPORT ADMINISTRATION REGULATIONS.— 

17 In this subsection, the term ‘‘Export Administration 

18 Regulations’’ means the Export Administration Reg19 ulations as maintained and amended under the au20 thority of the International Emergency Economic 

21 Powers Act and codified, as of the date of the enact22 ment of this Act, in subchapter C of chapter VII of 

23 title 15, Code of Federal Regulations. 

24 (c) EFFECTIVE DATE.—Section 6(t) of the Export 

25 Administration Act of 1979, as added by subsection (a), 


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1 shall take effect on the date of the enactment of this Act 

2 and shall apply with respect to the export of goods or tech3 nology on the list established under paragraph (1) of such 

4 section on or after 1 year after the date of the enactment 

5 of this Act. 

Æ 


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