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[House Report 110-481]
[From the U.S. Government Publishing Office]

110th Congress                                            Rept. 110-481
                        HOUSE OF REPRESENTATIVES
 1st Session                                                     Part 1

======================================================================

 
                   GLOBAL ONLINE FREEDOM ACT OF 2007

                                _______
                                

               December 10, 2007.--Ordered to be printed

                                _______
                                

   Mr. Lantos, from the Committee on Foreign Affairs, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 275]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Foreign Affairs, to whom was referred the 
bill (H.R. 275) to promote freedom of expression on the 
Internet, to protect United States businesses from coercion to 
participate in repression by authoritarian foreign governments, 
and for other purposes, having considered the same, report 
favorably thereon with an amendment and recommend that the bill 
as amended do pass.

                           TABLE OF CONTENTS

                                                                   Page
The Amendment....................................................     1
Summary..........................................................     9
Background and Purpose for the Legislation.......................     9
Hearings.........................................................    11
Committee Consideration..........................................    11
Votes of the Committee...........................................    11
Committee Oversight Findings.....................................    11
New Budget Authority and Tax Expenditures........................    11
Congressional Budget Office Cost Estimate........................    12
Performance Goals and Objectives.................................    14
Constitutional Authority Statement...............................    14
New Advisory Committees..........................................    14
Congressional Accountability Act.................................    14
Earmark Identification...........................................    14
Section-by-Section Analysis and Discussion.......................    14
Changes in Existing Law Made by the Bill, as Reported............    17

                             The Amendment

  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

  (a) Short Title.--This Act may be cited as the ``Global Online 
Freedom Act of 2007''.
  (b) Table of Contents.--The table of contents for 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. Office of Global Internet Freedom.
Sec. 105. Annual designation of Internet-restricting countries; report.

        TITLE II--MINIMUM CORPORATE STANDARDS FOR ONLINE FREEDOM

Sec. 201. Protection of personally identifiable information.
Sec. 202. Integrity of personally identifiable information.
Sec. 203. Transparency regarding search engine filtering.
Sec. 204. Transparency regarding Internet censorship.
Sec. 205. Protection of United States-supported online content.
Sec. 206. Penalties.
Sec. 207. Presidential waiver.

     TITLE III--EXPORT CONTROLS FOR INTERNET-RESTRICTING COUNTRIES

Sec. 301. Feasibility study on establishment of export controls.
Sec. 302. Report.

SEC. 2. FINDINGS.

  Congress makes the following findings:
          (1) Freedom of speech and freedom of the press are 
        fundamental human rights, and free flow of information on the 
        Internet is protected in Article 19 of the Universal 
        Declaration of Human Rights, which guarantees freedom to 
        ``receive and impart information and ideas through any media 
        regardless of frontiers''.
          (2) The Internet has been a success because it quickly 
        provides information to its more than one billion users 
        globally.
          (3) The growth of the Internet and other information 
        technologies can be a force for democratic change if the 
        information is not subject to political censorship.
          (4) The Internet has played a role in bringing international 
        attention to issues the discussion of which are forbidden by 
        authoritarian foreign governments, such as attempts by the 
        Government of the People's Republic of China to suppress news 
        of the severe acute respiratory syndrome (SARS) outbreak in 
        2004.
          (5) Authoritarian foreign governments such as the Governments 
        of Belarus, Cuba, Ethiopia, Iran, Laos, North Korea, the 
        People's Republic of China, Tunisia, and Vietnam, among others, 
        block, restrict, and monitor the information their citizens try 
        to obtain.
          (6) Web sites that provide uncensored news and information, 
        such as the Web sites of the Voice of America and Radio Free 
        Asia, are routinely blocked in such countries.
          (7) In June 2003, the Government of the Socialist Republic of 
        Vietnam arrested, convicted of ``spying'', and sentenced to 13 
        years imprisonment and 3 years house arrest (later reduced on 
        appeal to 5 years imprisonment and 3 years house arrest) Dr. 
        Pham Hong Son after he translated an Internet article titled 
        ``What is Democracy'' from the Web site of the United States 
        Embassy in Vietnam.
          (8) According to the Department of State's Country Reports on 
        Human Rights Practices, the Government of Vietnam in 2004 
        tightened control of the Internet, requiring Internet agents, 
        such as ``cyber cafes'', to register the personal information 
        of their customers and store records of Internet sites visited 
        by customers. The Vietnamese Government also monitored 
        electronic mail, searched for sensitive key words, and 
        regulated Internet content.
          (9) The Government of the People's Republic of China has 
        employed censorship of the Internet in violation of Article 35 
        of the Chinese Constitution, which guarantees freedom of speech 
        and freedom of the press.
          (10) This censorship by the Chinese Government allows that 
        Government to promote a xenophobic--and at times particularly 
        anti-American--Chinese nationalism, the long-term effect of 
        which will be deleterious to United States efforts to improve 
        the relationship between the United States and China.
          (11) Technology companies in the United States that operate 
        in countries controlled by authoritarian foreign governments 
        have a moral responsibility to comply with the principles of 
        the Universal Declaration of Human Rights.
          (12) Technology companies in the United States have succumbed 
        to pressure by authoritarian foreign governments to provide 
        such governments with information about Internet users that has 
        led to the arrest and imprisonment of ``cyber dissidents'', in 
        violation of the corporate responsibility of such companies to 
        protect and uphold human rights.
          (13) Technology companies in the United States have provided 
        technology and training to authoritarian foreign governments 
        which have been used by such governments in filtering and 
        blocking information that promotes democracy and freedom.
          (14) Technology companies in the United States should develop 
        standards by which they can conduct business with authoritarian 
        foreign governments while protecting human rights to freedom of 
        speech and freedom of expression.

SEC. 3. DEFINITIONS.

  In this Act:
          (1) Appropriate congressional committees.--Except as 
        otherwise provided in this Act, the term ``appropriate 
        congressional committees'' means--
                  (A) the Committee on Foreign Affairs of the House of 
                Representatives; and
                  (B) the Committee on Foreign Relations of the Senate.
          (2) Foreign official.--
                  (A) In general.--The term ``foreign official'' 
                means--
                          (i) any officer or employee of a foreign 
                        government or any department, agency, state-
                        owned enterprise, or instrumentality thereof; 
                        or
                          (ii) any person acting in an official 
                        capacity for or on behalf of any such 
                        government or department, agency, state-owned 
                        enterprise, or instrumentality.
                  (B) State-owned enterprise.--For purposes of 
                subparagraph (A), the term ``state-owned enterprise'' 
                means a commercial entity in which a foreign government 
                owns, directly or indirectly, more than 50 percent of 
                the outstanding capital stock or other beneficial 
                interest in such commercial entity.
          (3) Internet.--The term ``Internet'' means the combination of 
        computer facilities, telecommunications facilities, 
        electromagnetic transmission media, and related equipment and 
        software, comprising the interconnected worldwide network of 
        computer networks that employ the Transmission Control 
        Protocol/Internet Protocol or any successor protocol to 
        transmit information.
          (4) Internet content hosting service.--The terms ``Internet 
        content hosting service'' and ``content hosting service'' mean 
        a service that--
                  (A) stores, through electromagnetic or other means, 
                electronic data, including the content of Web pages, 
                electronic mail, documents, images, audio and video 
                files, online discussion boards, and Web logs; and
                  (B) makes such data available via the Internet.
          (5) Internet jamming.--The term ``Internet jamming'' means 
        jamming, censoring, blocking, monitoring, or restricting access 
        to the Internet, or to content made available via the Internet, 
        by using technologies such as firewalls, filters, and ``black 
        boxes''.
          (6) Internet-restricting country.--The term ``Internet-
        restricting country'' means a country designated by the 
        President pursuant to section 105(a) of this Act.
          (7) Internet search engine.--The term ``Internet search 
        engine'' or ``search engine'' means a service made available 
        via the Internet that, on the basis of query consisting of 
        terms, concepts, questions, or other data input by a user, 
        searches information available on the Internet and returns to 
        the user a means, such as a hyperlinked list of Uniform 
        Resource Identifiers, of locating, viewing, or downloading 
        information or data available on the Internet relating to that 
        query.
          (8) Legitimate foreign law enforcement purposes.--
                  (A) In general.--The term ``legitimate foreign law 
                enforcement purposes'' means for purposes of 
                enforcement, investigation, or prosecution by a foreign 
                official based on a publicly promulgated law of 
                reasonable specificity that proximately relates to the 
                protection or promotion of the health, safety, or 
                morals of the citizens of that jurisdiction.
                  (B) Rule of construction.--For purposes of this Act, 
                the control, suppression, or punishment of peaceful 
                expression of political or religious opinion, which is 
                protected by Article 19 of the International Covenant 
                on Civil and Political Rights, does not constitute a 
                legitimate foreign law enforcement purpose.
          (9) Personally identifiable information.--The term 
        ``personally identifiable information''--
                  (A) includes any information described in section 
                2703(c)(2) of title 18, United States Code; and
                  (B) does not include--
                          (i) any traffic data (as such term is defined 
                        in section 201(b) of this Act); or
                          (ii) any record of aggregate data that does 
                        not identify particular persons.
          (10) Substantial restrictions on internet freedom.--The term 
        ``substantial restrictions on Internet freedom'' means actions 
        that restrict or punish the free availability of information 
        via the Internet for reasons other than legitimate foreign law 
        enforcement purposes, including--
                  (A) deliberately blocking, filtering, or censoring 
                information available via the Internet based on its 
                peaceful political or religious content; or
                  (B) persecuting, prosecuting, or otherwise punishing 
                an individual or group for posting or transmitting 
                peaceful political or religious opinions via the 
                Internet, including by electronic mail.
          (11) United states business.--The term ``United States 
        business'' means--
                  (A) any corporation, partnership, association, joint-
                stock company, business trust, unincorporated 
                organization, or sole proprietorship that--
                          (i) has its principal place of business in 
                        the United States; or
                          (ii) is organized under the laws of a State 
                        of the United States or a territory, 
                        possession, or commonwealth of the United 
                        States;
                  (B) any issuer of a security registered pursuant to 
                section 12 of the Securities Exchange Act of 1934 (15 
                U.S.C. 78l); and
                  (C) any foreign subsidiary of an entity described in 
                subparagraph (A) or (B) to the extent such entity--
                          (i) controls the voting shares or other 
                        equities of the foreign subsidiary; or
                          (ii) authorizes, directs, controls, or 
                        participates in acts carried out by the foreign 
                        subsidiary that are prohibited by this Act.
          (12) United states-supported content.--The term ``United 
        States-supported content'' means content that is created or 
        developed, in whole or in part, by a United States-supported 
        information entity.
          (13) United states-supported information entity.--The term 
        ``United States-supported information entity'' means--
                  (A) any authority of the Government of the United 
                States; and
                  (B) any entity that--
                          (i) receives grants from the Broadcasting 
                        Board of Governors to carry out international 
                        broadcasting activities in accordance with the 
                        United States International Broadcasting Act of 
                        1994 (title III of Public Law 103-236; 22 
                        U.S.C. 6201 et seq.);
                          (ii) exists within the Broadcasting Board of 
                        Governors and carries out nonmilitary 
                        international broadcasting activities supported 
                        by the Government of the United States in 
                        accordance with such Act; or
                          (iii) receives grants or other similar 
                        funding from the Government of the United 
                        States to carry out any information 
                        dissemination activities.
          (14) United states-supported web site.--The term ``United 
        States-supported Web site'' means a location on the World Wide 
        Web that is owned or managed by, or is registered to, a United 
        States-supported information entity.

SEC. 4. SEVERABILITY.

  If any provision of this Act, or the application of such provision to 
any person or circumstance, is held invalid, the remainder of this Act, 
and the application of such provision to other persons not similarly 
situated or to other circumstances, shall not be affected by such 
invalidation.

             TITLE I--PROMOTION OF GLOBAL INTERNET FREEDOM

SEC. 101. STATEMENT OF POLICY.

  It shall be the policy of the United States--
          (1) to promote as a fundamental component of United States 
        foreign policy the right of every individual to freedom of 
        opinion and expression, including the right to hold opinions 
        without interference and to seek, receive, and impart 
        information and ideas through any media and regardless of 
        frontiers;
          (2) to use all appropriate instruments of United States 
        influence, including diplomacy, trade policy, and export 
        controls, to support, promote, and strengthen principles, 
        practices, and values that promote the free flow of 
        information, including through the Internet and other 
        electronic media; and
          (3) to deter any United States business from cooperating with 
        officials of Internet-restricting countries in effecting the 
        political censorship of online content.

SEC. 102. SENSE OF CONGRESS.

  It is the sense of Congress that--
          (1) the President should through bilateral, and where 
        appropriate, multilateral activities, seek to obtain the 
        agreement of other countries to promote the goals and 
        objectives of this Act and to protect Internet freedom; and
          (2) to the extent that a United States business empowers or 
        assists an authoritarian foreign government in its efforts to 
        restrict online access to the Web sites of Radio Free Asia, the 
        Voice of America, or other United States-supported Web sites 
        and online access to United States Government reports such as 
        the Annual Country Reports on Human Rights Practices, the 
        Annual Reports on International Religious Freedom, and the 
        Annual Trafficking in Human Persons Reports, or to identify 
        individual Internet users, that business is working contrary to 
        the foreign policy interests of the United States, and is 
        undercutting United States taxpayer-funded efforts to promote 
        freedom of information for all people, including those in 
        undemocratic and repressive societies.

SEC. 103. ANNUAL COUNTRY REPORTS ON HUMAN RIGHTS PRACTICES.

  (a) Report Relating to Economic Assistance.--Section 116 of the 
Foreign Assistance Act of 1961 (22 U.S.C. 2151n) is amended by adding 
at the end the following new subsection:
  ``(g)(1) The report required by subsection (d) shall include an 
assessment of the freedom of electronic information in each foreign 
country. Such assessment shall include the following:
                  ``(A) An assessment of the general extent to which 
                Internet access is available to and used by citizens in 
                that country.
                  ``(B) An assessment of the extent to which government 
                authorities in that country attempt to filter, censor, 
                or otherwise block Internet content, as well as a 
                description of the means by which they attempt to block 
                such content.
                  ``(C) A description of known instances in which 
                government authorities in that country have persecuted, 
                prosecuted, or otherwise punished a person or group for 
                the peaceful expression of political, religious, or 
                dissenting views via the Internet, including electronic 
                mail.
                  ``(D) A description of known instances in which 
                government authorities in that country have sought to 
                collect, request, obtain or disclose the personally 
                identifiable information of a person in connection with 
                that person's communication of ideas, facts or views 
                where such communication would be protected by the 
                International Covenant on Civil and Political Rights.
          ``(2) In compiling data and making assessments for the 
        purposes of paragraph (1), United States diplomatic mission 
        personnel shall consult with human rights organizations, 
        technology and internet companies and other appropriate 
        nongovernmental organizations.''.
  (b) Report Relating to Security Assistance.--Section 502B of the 
Foreign Assistance Act of 1961 (22 U.S.C. 2304) is amended by adding at 
the end the following new subsection:
  ``(i)(1) The report required by subsection (b) shall include an 
assessment of the freedom of electronic information in each foreign 
country. Such assessment shall include the following:
                  ``(A) An assessment of the general extent to which 
                Internet access is available to and used by citizens in 
                that country.
                  ``(B) An assessment of the extent to which government 
                authorities in that country attempt to filter, censor, 
                or otherwise block Internet content, as well as a 
                description of the means by which they attempt to block 
                such content.
                  ``(C) A description of known instances in which 
                government authorities in that country have persecuted, 
                prosecuted, or otherwise punished a person or group for 
                the peaceful expression of political, religious, or 
                dissenting views via the Internet, including electronic 
                mail.
                  ``(D) A description of known instances in which 
                government authorities in that country have sought to 
                collect, request, obtain or disclose the personally 
                identifiable information of a person in connection with 
                that person's communication of ideas, facts or views 
                where such communication would be protected by the 
                International Covenant on Civil and Political Rights.
          ``(2) In compiling data and making assessments for the 
        purposes of paragraph (1), United States diplomatic mission 
        personnel shall consult with human rights organizations, 
        technology and internet companies, and other appropriate 
        nongovernmental organizations.''.

SEC. 104. OFFICE OF GLOBAL INTERNET FREEDOM.

  (a) Establishment.--There is established in the Department of State 
the Office of Global Internet Freedom (in this section referred to as 
the ``Office'').
  (b) Duties.--In addition to such other responsibilities as the 
President may assign, the Office shall--
          (1) serve as the focal point for interagency efforts to 
        protect and promote freedom of electronic information abroad;
          (2) develop and ensure the implementation of a global 
        strategy and programs to combat state-sponsored and state-
        directed Internet jamming by authoritarian foreign governments, 
        and the intimidation and persecution by such governments of 
        their citizens who use the Internet;
          (3) provide assistance to the President in connection with 
        the annual designation of Internet-restricting countries 
        required by section 105(a) of this Act;
          (4) beginning not later than 180 days after the date of the 
        enactment of this Act--
                  (A) identify key words, terms, and phrases relating 
                to human rights, democracy, religious free exercise, 
                and peaceful political dissent, both in general and as 
                specifically related to the particular context and 
                circumstances of each Internet-restricting country; and
                  (B) maintain, update, and make publicly available on 
                a regular basis the key words, terms, and phrases 
                identified pursuant to subparagraph (A);
          (5) establish mechanisms to collect the information required 
        to be reported by sections 116(g) and 502B(i) of the Foreign 
        Assistance Act of 1961 (as added by section 103 of this Act) 
        and sections 203 and 204 of this Act;
          (6) establish a regularized consultative process with 
        appropriate technology companies involved in providing, 
        maintaining, or servicing the Internet, human rights 
        organizations, academic experts, and others to develop a 
        voluntary code of minimum corporate standards related to 
        Internet freedom, and to consult with such companies, 
        organizations, experts, and others regarding new technologies 
        and the implementation of appropriate policies relating to such 
        technologies; and
          (7) advise the appropriate congressional committees of 
        legislative action that may be necessary to keep the provisions 
        of this Act and the amendments made by this Act relevant to 
        changing technologies.
  (c) Cooperation of Other Federal Departments and Agencies.--Each 
department and agency of the Government of the United States, including 
the Department of Commerce, the Office of the United States Trade 
Representative, the Department of Justice, the International 
Broadcasting Bureau, and the Office of the Director of National 
Intelligence, shall--
          (1) cooperate fully with, and assist in the implementation 
        of, the duties of the Office described in subsection (b), 
        including the strategy developed by the Office pursuant to 
        paragraph (2) of subsection (b); and
          (2) make such resources and information available to the 
        Office on a nonreimbursable basis as is necessary to achieve 
        the purposes of this Act and the amendments made by this Act.
  (d) Definition.--In this section, the term ``appropriate 
congressional committees'' means--
          (1) the Committee on Foreign Affairs and the Committee on 
        Energy and Commerce of the House of Representatives; and
          (2) the Committee on Foreign Relations and the Committee on 
        Commerce, Science, and Transportation of the Senate.
  (e) Authorization of Appropriations.--There are authorized to be 
appropriated to the Office to carry out this section $50,000,000 for 
each of the fiscal years 2008 and 2009.

SEC. 105. ANNUAL DESIGNATION OF INTERNET-RESTRICTING COUNTRIES; REPORT.

  (a) Designation.--
          (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act, and annually thereafter, the 
        President shall designate Internet-restricting countries for 
        purposes of this Act.
          (2) Standard.--A foreign country shall be designated as an 
        Internet-restricting country if the President determines that 
        the government of the country is directly or indirectly 
        responsible for a systematic pattern of substantial 
        restrictions on Internet freedom during the preceding 1-year 
        period.
  (b) Report.--
          (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act, and annually thereafter, the 
        President shall transmit to the appropriate congressional 
        committees a report that contains the following:
                  (A) The name of each foreign country that at the time 
                of the transmission of the report is designated as an 
                Internet-restricting country pursuant to subsection 
                (a).
                  (B) An identification of each government agency and 
                quasi-government organization responsible for the 
                substantial restrictions on Internet freedom in each 
                foreign country designated as an Internet-restricting 
                country pursuant to subsection (a).
                  (C) A description of efforts by the United States to 
                counter the substantial restrictions on Internet 
                freedom referred to in subparagraph (B).
          (2) Form.--The information required by paragraph (1)(C) of 
        the report may be provided in a classified form if necessary.
          (3) Internet availability.--All unclassified portions of the 
        report shall be made publicly available on the Internet Web 
        site of the Department of State.

        TITLE II--MINIMUM CORPORATE STANDARDS FOR ONLINE FREEDOM

SEC. 201. PROTECTION OF PERSONALLY IDENTIFIABLE INFORMATION.

  (a) Prohibition of Locating Personally Identifiable Information in 
Internet-Restricting Countries.--A United States business may not 
locate, within a designated Internet-restricting country, any 
electronic communication that contains any personally identifiable 
information.
  (b) Definitions.--In this section:
          (1) Title 18 definitions.--The terms ``electronic 
        communication'', ``electronic communications system'', 
        ``electronic storage'', and ``contents'' have the meanings 
        given such terms in section 2510 of title 18, United States 
        Code.
          (2) Locate.--The term ``locate'' includes, with respect to an 
        electronic communication--
                  (A) computer storage or processing by facilities of a 
                remote computing service, as such term is defined in 
                section 2711 of title 18, United States Code;
                  (B) electronic storage by any electronic or computer 
                server or facility of an electronic communications 
                system; and
                  (C) any other storage by any electronic or computer 
                server or facility.
          (3) Traffic data.--The term ``traffic data'' means, with 
        respect to an electronic communication, any information 
        contained in or relating to such communication that is 
        processed for the purpose of the conveyance of the 
        communication by an electronic communications system or for the 
        billing thereof, including any Internet Protocol address or 
        other means of identifying a location within an electronic 
        communications system, but that does not by itself identify a 
        particular person. Such term does not include the contents of 
        any electronic communication.

SEC. 202. INTEGRITY OF PERSONALLY IDENTIFIABLE INFORMATION.

  (a) User Protection.--If a United States business collects or obtains 
personally identifiable information through the provision of products 
or services on the Internet, such business may not provide such 
information to any foreign official of an Internet-restricting country, 
except for legitimate foreign law enforcement purposes as determined by 
the Department of Justice.
  (b) Use of Established Legal Channels.--Any information that may be 
provided under subsection (a) for legitimate foreign law enforcement 
purposes may only be provided through established legal channels as 
determined by the Department of Justice.
  (c) Private Right of Action.--Any person aggrieved by a violation of 
this section may bring an action for damages, including punitive 
damages, or other appropriate relief in the appropriate district court 
of the United States, without regard to the amount in controversy, and 
without regard to the citizenship of the parties.

SEC. 203. TRANSPARENCY REGARDING SEARCH ENGINE FILTERING.

  Any United States business that creates, provides, or hosts an 
Internet search engine shall provide the Office of Global Internet 
Freedom, in a format and with a frequency to be specified by the 
Office, with all terms and parameters used to filter, limit, or 
otherwise affect the results provided by the search engine that are 
implemented--
          (1) at the request of, or by reason of any other direct or 
        indirect communication by, any foreign official of an Internet-
        restricting country; or
          (2) to comply with a policy or practice of restrictions on 
        Internet freedom in an Internet-restricting country.

SEC. 204. TRANSPARENCY REGARDING INTERNET CENSORSHIP.

  (a) Provision of URLs.--Any United States business that maintains an 
Internet content hosting service shall provide the Office of Global 
Internet Freedom, in a format and with a frequency to be specified by 
the Office, with the Uniform Resource Locators (URLs) of all data and 
content that such business has, under the circumstances set forth in 
subsection (b)--
          (1) removed from the content hosting service of such 
        business;
          (2) blocked from availability on the Internet; or
          (3) blocked from transmission via the Internet into or within 
        an Internet-restricting country.
  (b) Circumstances.--The circumstances referred to in subsection (a) 
are that the United States business took the action under subsection 
(a)--
          (1) at the request of, or by reason of any other direct or 
        indirect communication by, any foreign official of an Internet-
        restricting country; or
          (2) in order to comply with a policy or practice of 
        restrictions on Internet freedom in an Internet-restricting 
        country.

SEC. 205. PROTECTION OF UNITED STATES-SUPPORTED ONLINE CONTENT.

  A United States business that maintains an Internet content hosting 
service may not conduct Internet jamming of a United States-supported 
Web site or United States-supported content in an Internet-restricting 
country.

SEC. 206. PENALTIES.

  (a) Civil Penalties.--(1)(A) Any United States business that violates 
section 202(a) shall be subject to a civil penalty of not more than 
$2,000,000 imposed in an action brought by the Attorney General.
  (B) Any officer, director, employee, or agent, or stockholder of a 
United States business, who is acting on behalf of that business 
concern and who violates section 202(a), shall be subject to a civil 
penalty of not more $100,000 imposed in an action brought by the 
Attorney General.
  (2) Any United States business that violates section 201, 203, 204, 
or 205, or any officer, director, employee, or agent, or stockholder of 
a United States business, who is acting on behalf of that business 
concern and who violates section 201, 203, 204, or 205, shall be 
subject to a civil penalty of not more than $10,000 imposed in an 
action brought by the Attorney General.
  (b) Criminal Penalties.--(1)(A) Any United States business that 
willfully violates, or willfully attempts to violate, section 202(a) 
shall be fined not more than $2,000,000.
  (B) Any officer, director, employee, or agent, or stockholder of a 
United States business, who is acting on behalf of that business 
concern, and who willfully violates, or willfully attempts to violate, 
section 202(a), shall be fined not more than $100,000, or imprisoned 
not more than 5 years, or both.
  (2)(A) Any United States business that willfully violates, or 
willfully attempts to violate, section 201, 203, 204, or 205 shall be 
fined not more than $10,000.
  (B) Any officer, director, employee, or agent, or stockholder of a 
United States business, who is acting on behalf of that business 
concern and who willfully violates, or willfully attempts to violate, 
section 201, 203, 204, or 205, shall be fined not more than $10,000, or 
imprisoned not more than 1 year, or both.
  (c) Payment of Fines.--Whenever a fine is imposed under subsection 
(a) or (b) upon any officer, director, employee, agent, or stockholder 
of a United States business, the fine may not be paid, directly or 
indirectly, by the United States business.

SEC. 207. PRESIDENTIAL WAIVER.

  (a) In General.--Subject to subsection (b), the President may waive 
the application of any of the provisions of sections 201 through 205 
with respect to a United States business or an Internet-restricting 
country, if the President determines and so reports to the appropriate 
congressional committees that--
          (1) the government of the country has ceased the activities 
        giving rise to the designation of the country as an Internet-
        restricting country;
          (2) the exercise of such waiver authority would further the 
        purposes of this Act; or
          (3) the important national interest of the United States 
        requires the exercise of such waiver authority.
  (b) Congressional Notification.--Not later than the date of the 
exercise of a waiver under subsection (a), the President shall notify 
the appropriate congressional committees of the waiver or the intention 
to exercise the waiver, together with a detailed justification for the 
waiver.

     TITLE III--EXPORT CONTROLS FOR INTERNET-RESTRICTING COUNTRIES

SEC. 301. FEASIBILITY STUDY ON ESTABLISHMENT OF EXPORT CONTROLS.

  Not later than 180 days after the date of the enactment of this Act, 
the Secretary of Commerce, in consultation with the Secretary of State, 
shall complete a feasibility study regarding the development of export 
controls and export license requirements regarding the export of any 
item subject to sections 730 through 774 of title 15, Code of Federal 
Regulations (commonly known as the ``Export Administration 
Regulations'') to an end user in an Internet-restricting country for 
the purpose, in whole or in part, of facilitating substantial 
restrictions on Internet freedom.

SEC. 302. REPORT.

  Not later than 30 days after the end of the 180-day period described 
in section 301, the Secretary of Commerce, in consultation with the 
Secretary of State, shall submit to the appropriate congressional 
committees a report describing the actions taken to carry out section 
301.

                                Summary

    H.R. 275, the Global Online Freedom Act of 2007 (the 
``Act'') establishes procedures to maximize Internet freedom in 
countries that the President designates as Internet-restricting 
countries. The Act establishes procedures that American 
companies, the State Department and Internet-restricting 
countries must follow to prevent the disclosure of political 
dissidents' personal information, to prevent Internet 
censorship and to prohibit jamming of U.S. Government-generated 
Internet content. The Act creates a State Department office to 
collect information about and report on global internet 
freedom. It requires transparency in filtering of search terms 
in Internet search engines. It also requires a study concerning 
export controls related to technology that supports Internet 
censorship.

               Background and Purpose for the Legislation

    H.R. 275 responds to the increasing use of the Internet by 
authoritarian governments around the world as a tool of 
repression. The World Wide Web was designed to be a tool to 
promote the free flow of information, but, in the hands of 
certain governments and companies, the Internet has been used 
as a tool of censorship.
    One of the most serious problems that the Act seeks to 
redress is the role of American companies with respect to the 
jailing of political dissidents. In many nations, American 
companies have cooperated with security forces in the 
investigation, arrest and punishment of political dissidents. 
American companies have disclosed to security forces in 
repressive regimes the content of private communications and 
the identity of their Internet customers, sometimes leading to 
the arrest and conviction of political dissidents. In some 
cases, this cooperation has been done willingly and for profit. 
In others, it has occurred in response to subpoenas or due to 
the fear of sanctions imposed by local law. The victims in 
these cases have been jailed for expressing political views on 
the Internet, specifically for exercising their rights to free 
expression protected by the International Covenant on Civil and 
Political Rights and the Universal Declaration of Human Rights.
    China's jailing of journalist Shi Tao is an example of the 
problems that H.R. 275 seeks to correct. Shi Tao is serving a 
10-year sentence for disclosure of state secrets after he 
forwarded to a U.S.-based pro-democracy website a Chinese 
government directive ordering journalists not to report on the 
15th anniversary of the 1989 Tiananmen Square massacre. Police 
tracked down Shi Tao through his Yahoo! e-mail account that was 
used to forward the censorship order. Responding to a request 
from the Beijing State Security Bureau, Yahoo! turned over to 
the Chinese security services Shi's Yahoo! e-mail account 
details, including the IP address and location where he logged 
on to the Yahoo! service. Using those details, the Chinese 
security services identified the e-mails as coming from Shi's 
office at the newspaper ``Contemporary Business News.'' The 
verdict convicting Shi cited the information Yahoo! provided as 
central to his arrest and conviction. Information provided to 
the Chinese security authorities by Yahoo! was also cited in 
verdicts convicting other Chinese dissidents of crimes 
involving state secrets and subversion, including Wang 
Xiaoning, Li Zhi and Jiang Lianjun. Many others have been 
arrested based on information obtained through investigations 
of on-line activities, even if the verdicts jailing them did 
not single out information provided by a particular American 
company. Among them was Dr. Pham Hong Son, sentenced to 13 
years imprisonment in June 2003 after he translated an Internet 
article entitled ``What is Democracy?'' from the Website of the 
U.S. Embassy in Vietnam. Similar convictions have taken place 
in other countries with repressive governments and in countries 
that do not recognize internationally respected rights of free 
expression.
    The Act also addresses the problem of American companies 
helping certain authoritarian governments to censor the 
Internet and to use the Internet as a tool to jail political 
dissidents. Cisco Systems, Fortinet, Websense Inc., Secure 
Computing Corp. and Blue Coat Systems Inc. are among companies 
that academics have identified as providing technology to 
support Internet censorship in countries such as Iran, Burma, 
China, Tunisia, Saudi Arabia and the United Arab Emirates. This 
technology may be used to identify dissidents. Or it may be 
used to filter out key terms from email and Internet traffic. 
These technologies can also be used to facilitate search engine 
censorship. In China, for example, a search for the terms 
``Falun Gong,'' ``Dalai Lama,'' or ``human rights'' would omit 
hundreds of web pages that were filtered out as a result of the 
use of such technology.
    Jamming of Internet content is a related technique used by 
repressive governments, including those in Cuba, Belarus, North 
Korea and elsewhere. China's Golden Shield Project, which the 
Ministry of Public Security reportedly began operating in 2003, 
is one of the most sophisticated Internet blocking/jamming 
programs. It intercepts certain IP addresses and blocks content 
by preventing offending materials from entering certain IP 
gateways and proxy servers. Opponents have accused 
multinational companies, such as Nortel Networks, Cisco and Sun 
Microsystems, of supporting the Golden Shield Project. Industry 
representatives counter that the same technology which fuels 
the Internet's sharing of information can also be manipulated 
to facilitate censorship.
    The Act does not intend to require American companies to 
stop conducting business in countries designated as Internet-
restricting. Nor does it intend to interfere with legitimate 
law enforcement operations in those countries. But it is 
intended to ensure that American companies do more than just 
consider the jailing of innocent activists who express their 
political views using the Internet technology provided by 
American firms as a cost of doing business with these regimes. 
As a result, the Act establishes procedures to ensure that 
where an American Internet company receives a law enforcement 
request from an Internet-restricting government, the request 
must be conveyed and responded to through the U.S. Department 
of Justice. In this way, rights to free expression guaranteed 
by international law will be protected. Even in Internet-
restricting countries, law enforcement investigations of 
terrorism, pornography and other crimes which rely on evidence 
from the Internet should continue unimpeded as long as the 
procedures involving the Department of Justice are followed.

                                Hearings

    The House International Relations Committee's Subcommittee 
on Asia and the Pacific and Subcommittee on Africa, Global 
Human Rights and International Operations held a joint hearing 
entitled, ``The Internet in China: A Tool for Freedom or 
Oppression?'' on February 15, 2006. A subsequent November 6, 
2007 hearing focused on Yahoo!'s provision to Congress of false 
information regarding the Shi Tao case during that previous 
hearing.

                        Committee Consideration

    On October 23, 2007, the Committee held a markup and 
considered H.R. 275. A motion to report the bill, as amended, 
to the House, a quorum being present, was agreed to by 
unanimous consent.

                         Votes of the Committee

    There were no recorded votes on H.R. 275.

                      Committee Oversight Findings

    In compliance with clause 3(c)(1) of rule XIII of the Rules 
of the House of Representatives, the Committee reports that the 
findings and recommendations of the Committee, based on 
oversight activities under clause 2(b)(1) of rule X of the 
Rules of the House of Representatives, are incorporated in the 
descriptive portions of this report.

               New Budget Authority and Tax Expenditures

    In compliance with Clause 3(c) (2) of House Rule XIII, the 
Committee adopts as its own the estimate of new budget 
authority, entitlement authority, or tax expenditures or 
revenues contained in the cost estimate prepared by the 
Director of the Congressional Budget Office, pursuant to 
section 402 of the Congressional Budget Act of 1974.

               Congressional Budget Office Cost Estimate

                                     U.S. Congress,
                               Congressional Budget Office,
                                 Washington, DC, November 20, 2007.
Hon. Tom Lantos, Chairman,
Committee on Foreign Affairs,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 275, the Global 
Online Freedom Act of 2007.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Sunita 
D'Monte, who can be reached at 226-2840.
            Sincerely,
                                           Peter R. Orszag.
Enclosure

cc:
        Honorable Ileana Ros-Lehtinen
        Ranking Member
H.R. 275--Global Online Freedom Act of 2007.
    H.R. 275 would authorize a new office within the Department 
of State. The Office of Global Internet Freedom would:
         LCoordinate interagency efforts to promote 
        abroad the free flow of electronic information on the 
        Internet,
         LFight efforts by foreign governments to 
        restrict Internet use,
         LIdentify, update, and publicize a list of key 
        words, terms, and phrases related to human rights, 
        democracy, religious freedom, and political dissent,
         LConsult with technology companies, human 
        rights organizations, and academic experts on new 
        information technologies to develop a voluntary code of 
        corporate standards for the free flow of electronic 
        information, and
         LProvide pertinent information to the 
        Secretary of State for reports on human rights 
        practices, security assistance, and countries that 
        restrict Internet use.

                ESTIMATED COST TO THE FEDERAL GOVERNMENT

    Based on information from the department, CBO estimates 
that the new office would require additional appropriations in 
2008 of $2 million for salaries and expenses, $10 million to 
identify and regularly update key words, and an additional $10 
million to develop and implement global strategies and programs 
to prevent restrictions on Internet use. With annual 
adjustments for inflation, CBO estimates that activities of the 
new office would cost $19 million in 2008 and $108 million over 
the 2008-2012 period, assuming appropriation of the estimated 
amounts (see table). The costs of this legislation fall within 
budget function 150 (international affairs).

                                     By Fiscal Year, in Millions of Dollars
----------------------------------------------------------------------------------------------------------------
                                                                       2008     2009     2010     2011     2012
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Estimated Authorization Level                                             22       22       23       23       24
Estimated Outlays                                                         19       21       22       23       23
----------------------------------------------------------------------------------------------------------------

    Other provisions in the bill would require the Secretary of 
Commerce to complete a feasibility study on the development of 
export controls and licenses for items that would allow foreign 
governments to restrict use of the Internet, and to provide a 
report to the Congress. CBO estimates those provisions would 
increase discretionary spending by less than $500,000 a year, 
assuming the availability of the estimated amounts.
    In addition to the discretionary costs, enacting H.R. 275 
also could increase collections of civil and criminal fines for 
violations of the bill's provisions relating to the protection 
of personally identifiable information. Such fines are recorded 
in the budget as revenues. CBO expects that any additional 
collections would not be significant because of the relatively 
small number of cases likely to be affected. Criminal fines are 
deposited in the Crime Victims Fund and later spent. CBO 
expects that any additional direct spending would not be 
significant.

              PRIVATE-SECTOR AND INTERGOVERNMENTAL IMPACT

    H.R. 275 would impose private-sector mandates, as defined 
in the Unfunded Mandates Reform Act (UMRA), on U.S. businesses 
that host Internet content in foreign countries that are 
designated as countries that restrict use of the Internet. The 
bill would prohibit U.S. businesses from cooperating with those 
foreign governments by blocking certain Web sites and online 
content and from providing those countries with the personal 
information of certain Internet users. The bill also would 
require U.S. businesses in countries that restrict Internet use 
to provide the Office of Global Internet Freedom with 
information regarding Web sites and online search engines that 
are blocked, filtered, or censored in order to comply with the 
policies or requests of a country that restrict Internet use.
    The cost of complying with the mandates would depend in 
part on which countries are designated by the President under 
the bill. The cost also would depend on the current practices 
of U.S. businesses operating in the designated countries and 
the actions taken by those countries in response to the 
restrictions placed on such businesses. CBO does not have 
sufficient information to determine whether the aggregate cost 
of the mandates in the bill would exceed the annual threshold 
established in UMRA for private-sector mandates ($131 million 
in 2007, adjusted annually for inflation).
    H.R. 275 contains no intergovernmental mandates as defined 
in UMRA and would not affect the budgets of state, local, or 
tribal governments.

                             STAFF CONTACTS

    The CBO contacts for this estimate are Sunita D'Monte (for 
federal costs), who can be reached at 226-2840, and MarDestinee 
C. Perez (for private-sector mandates), who can be reached at 
226-2940. This estimate was approved by Peter H. Fontaine, 
Assistant Director for Budget Analysis.

                    Performance Goals and Objectives

    The Act is intended to reduce Internet censorship, to 
protect personally identifiable information in restricting 
countries and to highlight the problems caused when the 
Internet is used as a tool of repression.

                   Constitutional Authority Statement

    Pursuant to clause 3(d) (1) of rule XIII of the Rules of 
the House of Representatives, the Committee finds the authority 
for this legislation in article I, section 8 of the 
Constitution.

                        New Advisory Committees

    H.R. 275 does not establish or authorize any new advisory 
committees.

                    Congressional Accountability Act

    H.R. 275 does not apply to the Legislative Branch.

                         Earmark Identification

    H.R. 275 does not contain any congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined in 
clause 9(d), 9(e), or 9(f) of rule XXI.

               Section-by-Section Analysis and Discussion

Section 1. Short Title.
    This section provides that the short title of the Act is 
the ``Global Online Freedom Act of 2007.''
Section 2. Findings.
    This section outlines specific findings regarding the power 
of the Internet to expand information and support freedom when 
it is not subject to censorship or used as a tool of a police 
state.
Section 3. Definitions.
    This section sets forth definitions necessary to understand 
the Act's operative provisions. Of particular note, the Act 
defines the term ``personally identifiable information'' 
broadly to include anything that could be used to identify a 
political dissident or other peaceful user. It also defines the 
range of United States businesses subject to the Act broadly to 
include foreign subsidiaries or companies, such as Yahoo China, 
which benefit from a U.S.-based or U.S.-trademarked brand, even 
if separate corporate entities have been established for 
offices operating in an Internet-restricting country.
Section 4. Severability.
    This section provides that, if any provision of the Act is 
found invalid, the remainder of the Act shall continue in full 
force and effect.

             TITLE I--PROMOTION OF GLOBAL INTERNET FREEDOM

Section 101. Statement of Policy.
    This section provides that United States foreign policy 
shall support freedom of expression regardless of the type of 
media or frontier utilized; that the United States should use 
all appropriate instruments to support the free flow of 
information; and that the U.S. should deter American businesses 
from cooperating with Internet-restricting countries' political 
censorship.
Section 102. Sense of Congress.
    This section provides that the President should urge other 
countries to promote Internet freedom and the goals of this Act 
and states that a U.S. business that empowers or assists 
foreign governments that restrict the Internet are acting 
contrary to the foreign policy interests of the United States.
Section 103. Annual Country Reports on Human Rights Practices.
    This section provides that the State Department's Annual 
Human Rights Report and related reports concerning economic and 
security assistance should describe the availability of the 
Internet, the status of Internet censorship and filtering, and 
a description of cases in which persons have been jailed or 
prosecuted for peaceful expression of political, religious or 
dissenting views on the Internet.
Section 104. Office of Global Internet Freedom.
    This section establishes an Office of Global Internet 
Freedom in the State Department. It provides that this office's 
duties shall include coordination of interagency efforts to 
promote on-line freedom, collection of information about 
Internet censorship and jamming, and support for the President 
in his designation of Internet-restricting countries. It 
requires that other Federal department shall cooperate with the 
Office.
Section 105. Annual Designation of Internet-Restricting Countries; 
        Report.
    This section provides that the President shall annually 
designate Internet-restricting countries based on an assessment 
of the government's restriction of Internet freedom during the 
preceding year. A report identifying the designated countries 
should be transmitted to Congress within 180 days of enactment 
of the Act and then annually thereafter.

        TITLE II--MINIMUM CORPORATE STANDARDS FOR ONLINE FREEDOM

Section 201. Protection of Personally Identifiable Information.
    This section contains two subsections related to the 
protection of personally identifiable information. Subsection 
(a) forbids U.S. businesses from locating within Internet-
restricting countries electronic communication that contain 
personally identifiable information. Storage of such 
communications must be done within the United States or 
overseas in countries that are not designated Internet-
restricting. Subsection (b) establishes definitions related to 
this provision.
Section 202. Integrity of Personally Identifiable Information.
    This section provides that, where a U.S. business collects 
or obtains personally identifiable information through 
provision of services or products on the Internet, the business 
may not provide that information to the Internet-restricting 
country. In noting that the information may not be provided to 
officials of the Internet-restricting country, the Act intends 
that no government official, including those with police or 
security functions, may have access to the information in any 
way, except through the legitimate law enforcement channels 
established by the Department of Justice. The purpose of this 
subsection is to change the dynamics of the quest for 
information by law enforcement agencies of Internet-restricting 
countries. Rather than approaching the American businesses 
directly, the Act changes the dynamic involved with seeking 
such information into a government-to-government request. This 
is aimed to minimize direct and indirect pressure on American 
businesses. The Department of Justice, not the American 
business or the requesting law enforcement agency, should be 
the arbiter of whether the request is for a legitimate law 
enforcement purpose. Subsection (c) provides than anyone 
aggrieved by a violation of this section shall enjoy a private 
right of action for damages, including compensatory and 
punitive damages, in the United States. This section is 
intended to allow a right of action for American citizens and 
non-Americans who fall within the jurisdiction of U.S. courts, 
including the family members of those jailed overseas in 
connections with actions by U.S. companies.
Section 203. Transparency Regarding Search Engine Filtering.
    This section provides that U.S. businesses that operate 
Internet search engines must provide to the State Department 
Office of Global Internet Freedom information about any 
policies or search terms used by an Internet-restricting 
country for Internet and search engine censorship.
Section 204. Transparency Regarding Internet Censorship.
    This section provides that U.S. businesses that operate 
Internet content hosting services must provide to the State 
Department Office of Global Internet Freedom information about 
any policies, categories or specific Uniform Resource Locators 
(URLs) used by an Internet-restricting country for Internet and 
search engine censorship.
Section 205. Protection of United States-Supported On-Line Content.
    This section provides that U.S. businesses may not conduct 
Internet jamming of U.S.-supported Web sites or U.S. supported 
Internet content in designated countries.
Section 206. Penalties.
    This section provides civil and criminal penalties of a 
maximum of $2 million for violations of the Act.
Section 207. Presidential Waiver.
    This Section provides the President may waive application 
of sanctions if he deems that the country has ceased the 
activities leading to its designation, the waiver would advance 
global Internet freedom or the waiver is in the Interests of 
national security.

     TITLE III--EXPORT CONTROLS FOR INTERNET-RESTRICTING COUNTRIES

Section 301. Feasibility Study on Establishment of Export Controls.
    The Act requires that a feasibility study shall be 
conducted regarding development of export license requirements 
to end users in Internet-restricting countries for purposes of 
restricting Internet freedom. The study shall consider and 
advise how export controls with end-user restrictions could be 
established concerning, but not limited to: (i) software used 
to censor the Internet or to identify key terms for the 
purposes of restricting Internet communications; (ii) routers, 
filters and other hardware used to censor the Internet or to 
identify key terms for purposes of restricting Internet 
communications; and (iii) the deemed export of personally 
identifiable information collected or controlled by Internet 
companies that could be used to identify political dissidents 
or to otherwise restrict Internet communications. Such a study 
should build on the work of government, industry and non-
government representatives.
Section 302. Report.
    This section provides that the Secretary of Commerce shall 
issue a report of the feasibility study within 180 days of the 
Act's enactment.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (new matter is 
printed in italics and existing law in which no change is 
proposed is shown in roman):

                     FOREIGN ASSISTANCE ACT OF 1961

                                 PART I

Chapter 1--Policy; Development Assistance Authorizations

           *       *       *       *       *       *       *

  Sec. 116. Human Rights.--(a)  * * *

           *       *       *       *       *       *       *

  (g)(1) The report required by subsection (d) shall include an 
assessment of the freedom of electronic information in each 
foreign country. Such assessment shall include the following:
          (A) An assessment of the general extent to which 
        Internet access is available to and used by citizens in 
        that country.
          (B) An assessment of the extent to which government 
        authorities in that country attempt to filter, censor, 
        or otherwise block Internet content, as well as a 
        description of the means by which they attempt to block 
        such content.
          (C) A description of known instances in which 
        government authorities in that country have persecuted, 
        prosecuted, or otherwise punished a person or group for 
        the peaceful expression of political, religious, or 
        dissenting views via the Internet, including electronic 
        mail.
          (D) A description of known instances in which 
        government authorities in that country have sought to 
        collect, request, obtain or disclose the personally 
        identifiable information of a person in connection with 
        that person's communication of ideas, facts or views 
        where such communication would be protected by the 
        International Covenant on Civil and Political Rights.
  (2) In compiling data and making assessments for the purposes 
of paragraph (1), United States diplomatic mission personnel 
shall consult with human rights organizations, technology and 
internet companies and other appropriate nongovernmental 
organizations.

           *       *       *       *       *       *       *

                                PART II

Chapter 1--Policy

           *       *       *       *       *       *       *

  Sec. 502B. Human Rights.--(a)  * * *

           *       *       *       *       *       *       *

  (i)(1) The report required by subsection (b) shall include an 
assessment of the freedom of electronic information in each 
foreign country. Such assessment shall include the following:
          (A) An assessment of the general extent to which 
        Internet access is available to and used by citizens in 
        that country.
          (B) An assessment of the extent to which government 
        authorities in that country attempt to filter, censor, 
        or otherwise block Internet content, as well as a 
        description of the means by which they attempt to block 
        such content.
          (C) A description of known instances in which 
        government authorities in that country have persecuted, 
        prosecuted, or otherwise punished a person or group for 
        the peaceful expression of political, religious, or 
        dissenting views via the Internet, including electronic 
        mail.
          (D) A description of known instances in which 
        government authorities in that country have sought to 
        collect, request, obtain or disclose the personally 
        identifiable information of a person in connection with 
        that person's communication of ideas, facts or views 
        where such communication would be protected by the 
        International Covenant on Civil and Political Rights.
  (2) In compiling data and making assessments for the purposes 
of paragraph (1), United States diplomatic mission personnel 
shall consult with human rights organizations, technology and 
internet companies, and other appropriate nongovernmental 
organizations.

           *       *       *       *       *       *       *

                                  
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