II 

115TH CONGRESS 

1ST SESSION S. 964 

To protect broadband users from unfair or deceptive practices relating to 

privacy or data security, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

APRIL 27, 2017 

Mr. BLUMENTHAL (for himself and Mr. UDALL) introduced the following bill; 

which was read twice and referred to the Committee on Commerce, 

Science, and Transportation 

A BILL 

To protect broadband users from unfair or deceptive practices relating to privacy or data security, 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, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Managing Your Data 

5 Against Telecom Abuses Act of 2017’’ or the ‘‘MY DATA 

6 Act of 2017’’. 


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1 SEC. 2. PROTECTING BROADBAND USERS FROM UNFAIR OR 

2 DECEPTIVE ACTS OR PRACTICES RELATING 

3 TO PRIVACY OR DATA SECURITY. 

4 (a) DEFINITIONS.—In this section: 

5 (1) BROADBAND PROVIDER.—The term ‘‘broad6 band provider’’ means a person who provides a 

7 mass-market retail service by wire or radio that pro8 vides the capability to transmit data to and receive 

9 data from all or substantially all Internet endpoints, 

10 including any capabilities that are incidental to and 

11 enable the operation of the communications service, 

12 but excluding dial-up Internet access service. 

13 (2) EDGE PROVIDER.—The term ‘‘edge pro14 vider’’ means any person who— 

15 (A) provides any content, application, or 

16 service over the Internet; or 

17 (B) provides a device used for accessing 

18 any content, application, or service over the 

19 Internet. 

20 (b) PROHIBITION.— 

21 (1) IN GENERAL.—It is unlawful for a broad22 band provider or edge provider to use an unfair or 

23 deceptive act or practice relating to privacy or data 

24 security in or affecting commerce. 

25 (2) RULE OF CONSTRUCTION.—Paragraph (1) 

26 shall not be construed to imply that it was lawful beVerDate Sep 11 2014 00:38 Apr 29, 2017 Jkt 069200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S964.IS S964

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1 fore the date of the enactment of this Act for a 

2 broadband provider or an edge provider to use an 

3 unfair or deceptive act or practice relating to privacy 

4 or data security in or affecting commerce. 

5 (c) REGULATIONS.—The Federal Trade Commission 

6 may, after consulting with the Federal Communications 

7 Commission, promulgate such regulations under section 

8 553 of title 5, United States Code, as the Federal Trade 

9 Commission considers appropriate to carry out this sec10 tion. 

11 (d) ENFORCEMENT BY FEDERAL TRADE COMMIS12 SION.— 

13 (1) UNFAIR OR DECEPTIVE ACTS OR PRAC14 TICES.—A violation of subsection (b)(1) shall be 

15 treated as an unfair or deceptive act or practice in 

16 violation of a regulation prescribed under section 

17 18(a)(1)(B) of the Federal Trade Commission Act 

18 (15 U.S.C. 57a(a)(1)(B)) regarding unfair or decep19 tive acts or practices. 

20 (2) POWERS OF COMMISSION.— 

21 (A) IN GENERAL.—Except as provided in 

22 subparagraph (C), the Federal Trade Commis23 sion shall enforce this Act in the same manner, 

24 by the same means, and with the same jurisdic25 tion, powers, and duties as though all applicable 


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1 terms and provisions of the Federal Trade 

2 Commission Act (15 U.S.C. 41 et seq.) were in3 corporated into and made a part of this Act. 

4 (B) PRIVILEGES AND IMMUNITIES.—Ex5 cept as provided in subparagraph (C), any per6 son who violates this Act shall be subject to the 

7 penalties and entitled to the privileges and im8 munities provided in the Federal Trade Com9 mission Act (15 U.S.C. 41 et seq.). 

10 (C) COMMON CARRIERS AND NONPROFIT

11 ORGANIZATIONS.—Notwithstanding section 4, 

12 5(a)(2), or 6 of the Federal Trade Commission 

13 Act (15 U.S.C. 44, 45(a)(2), and 46) or any ju14 risdictional limitation of the Federal Trade 

15 Commission, the Commission shall also enforce 

16 this Act, in the same manner provided in sub17 paragraphs (A) and (B) of this paragraph, with 

18 respect to— 

19 (i) common carriers subject to the 

20 Communications Act of 1934 (47 U.S.C. 

21 151 et seq.) and Acts amendatory thereof 

22 and supplementary thereto; and 

23 (ii) organizations not organized to 

24 carry on business for their own profit or 

25 that of their members. 


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1 (e) ENFORCEMENT BY STATES.— 

2 (1) IN GENERAL.—In any case in which the at3 torney general of a State has reason to believe that 

4 an interest of the residents of the State has been or 

5 is threatened or adversely affected by the engage6 ment of any person subject to subsection (b)(1) in 

7 a practice that violates such subsection, the attorney 

8 general of the State may, as parens patriae, bring 

9 a civil action on behalf of the residents of the State 

10 in an appropriate district court of the United States 

11 to obtain appropriate relief. 

12 (2) RIGHTS OF FEDERAL TRADE COMMIS13 SION.— 

14 (A) NOTICE TO FEDERAL TRADE COMMIS15 SION.— 

16 (i) IN GENERAL.—Except as provided 

17 in clause (iii), the attorney general of a 

18 State shall notify the Commission in writ19 ing that the attorney general intends to 

20 bring a civil action under paragraph (1) 

21 before initiating the civil action against a 

22 person subject to subsection (b)(1). 

23 (ii) CONTENTS.—The notification re24 quired by clause (i) with respect to a civil 


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1 action shall include a copy of the complaint 

2 to be filed to initiate the civil action. 

3 (iii) EXCEPTION.—If it is not feasible 

4 for the attorney general of a State to pro5 vide the notification required by clause (i) 

6 before initiating a civil action under para7 graph (1), the attorney general shall notify 

8 the Commission immediately upon insti9 tuting the civil action. 

10 (B) INTERVENTION BY FEDERAL TRADE

11 COMMISSION.—The Commission may— 

12 (i) intervene in any civil action 

13 brought by the attorney general of a State 

14 under paragraph (1); and 

15 (ii) upon intervening— 

16 (I) be heard on all matters aris17 ing in the civil action; and 

18 (II) file petitions for appeal of a 

19 decision in the civil action. 

20 (3) INVESTIGATORY POWERS.—Nothing in this 

21 subsection may be construed to prevent the attorney 

22 general of a State from exercising the powers con23 ferred on the attorney general by the laws of the 

24 State to conduct investigations, to administer oaths 

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1 nesses or the production of documentary or other 

2 evidence. 

3 (4) ACTION BY FEDERAL TRADE COMMIS4 SION.—If the Federal Trade Commission institutes 

5 a civil action with respect to a violation of subsection 

6 (b)(1), the attorney general of a State may not, dur7 ing the pendency of such action, bring a civil action 

8 under paragraph (1) of this subsection against any 

9 defendant named in the complaint of the Commis10 sion for the violation with respect to which the Com11 mission instituted such action. 

12 (5) VENUE; SERVICE OF PROCESS.— 

13 (A) VENUE.—Any action brought under 

14 paragraph (1) may be brought in— 

15 (i) the district court of the United 

16 States that meets applicable requirements 

17 relating to venue under section 1391 of 

18 title 28, United States Code; or 

19 (ii) another court of competent juris20 diction. 

21 (B) SERVICE OF PROCESS.—In an action 

22 brought under paragraph (1), process may be 

23 served in any district in which the defendant— 

24 (i) is an inhabitant; or 

25 (ii) may be found. 


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1 (6) ACTIONS BY OTHER STATE OFFICIALS.— 

2 (A) IN GENERAL.—In addition to civil ac3 tions brought by attorneys general under para4 graph (1), any other officer of a State who is 

5 authorized by the State to do so may bring a 

6 civil action under paragraph (1), subject to the 

7 same requirements and limitations that apply 

8 under this subsection to civil actions brought by 

9 attorneys general. 

10 (B) SAVINGS PROVISION.—Nothing in this 

11 subsection may be construed to prohibit an au12 thorized official of a State from initiating or 

13 continuing any proceeding in a court of the 

14 State for a violation of any civil or criminal law 

15 of the State. 

16 (7) AUTHORITY PRESERVED.—Nothing in this 

17 Act shall be construed to limit the authority of the 

18 Federal Trade Commission under any other provi19 sion of law. 

Æ 


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