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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2271 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 2271

 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

                              May 6, 2009

Mr. Smith of New Jersey (for himself, Mr. Sherman, Mr. Wolf, Mr. Burton 
of Indiana, Mr. Rohrabacher, and Mr. McCotter) introduced the following 
 bill; which was referred to the Committee on Foreign Affairs, and in 
 addition to the Committee on Energy and Commerce, 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.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Global Online 
Freedom Act of 2009''.
    (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) A number of repressive foreign governments block, 
        restrict, otherwise control, and monitor the Internet, 
        effectively transforming the Internet into a tool of censorship 
        and surveillance, in contravention of the International 
        Covenant on Civil and Political Rights and the Universal 
        Declaration of Human Rights.
            (2) A number of United States businesses have enabled the 
        Internet censorship and surveillance of repressive governments 
        by selling these governments or their agents technology or 
        training.
            (3) A number of United States businesses have cooperated 
        with the Internet censorship and surveillance of repressive 
        governments by providing such governments with information 
        about cyber-dissidents who were the company's clients or were 
        using the companies' products, and this has led to the arrest 
        and imprisonment of the dissidents.
            (4) The actions of a number of United States businesses in 
        cooperating with the efforts of repressive governments to 
        transform the Internet into a tool of censorship and 
        surveillance have caused Internet users in the United States 
        and in foreign countries to lose confidence in the integrity of 
        United States businesses.
            (5) Information and communication technology companies are 
        to be commended for cooperating with civil society 
        organizations, academics, and investors in founding the Global 
        Network Initiative, in order to provide direction and guidance 
        to the Information and Communications Technology companies and 
        others in protecting the free expression and privacy of 
        Internet users.
            (6) The United States Government has a responsibility to 
        protect freedom of expression on the Internet, to prevent 
        United States businesses from directly and materially 
        cooperating in human rights abuses perpetrated by repressive 
        foreign governments, and to restore public confidence in the 
        integrity of United States business.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Foreign Affairs, the Committee 
                on the Judiciary, and the Committee on Energy and 
                Commerce of the House of Representatives; and
                    (B) the Committee on Foreign Relations, the 
                Committee on the Judiciary, and the Committee on 
                Commerce, Science and Transportation of the Senate.
            (2) Electronic communication and other 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.
            (3) Foreign official.--
                    (A) In general.--The term ``foreign official'' 
                means--
                            (i) any officer or employee of a foreign 
                        government or of any department, agency, state-
                        owned enterprise, or instrumentality thereof; 
                        or
                            (ii) any person acting in an official 
                        capacity for or on behalf of, or acting under 
                        color of law with the knowledge of, any such 
                        government or such 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 or controls, directly or indirectly, more than 50 
                percent of the outstanding capital stock or other 
                beneficial interest in such commercial entity.
            (4) Internet.--The term ``Internet'' has the meaning given 
        the term in section 231(e) of the Communications Act of 1934 
        (47 U.S.C. 231(e)).
            (5) Internet-restricting country.--The term ``Internet-
        restricting country'' means a country designated by the 
        Secretary of State pursuant to section 105(a) of this Act.
            (6) Internet communications services.--The term ``Internet 
        communications services''--
                    (A) means a method for providing communications 
                services via the Internet, including electronic mail, 
                Internet telephony, online chat, online text messaging, 
                Internet bulletin boards, or Web pages; and
                    (B)(i) includes providing Internet access; but
                            (ii) does not include activities conducted 
                        by a financial institution (as such term is 
                        defined in section 5312 of title 31, United 
                        States Code) that are financial in nature, even 
                        if such activities are conducted using the 
                        Internet.
            (7) 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, such as the content of Web pages, 
                electronic mail, documents, images, audio and video 
                files, online discussion boards, or Web logs; and
                    (B) makes such data available via the Internet.
            (8) 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''.
            (9) Internet search engine.--The term ``Internet search 
        engine'' or ``search engine'' means a service made available 
        via the Internet that, on the basis of a 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 such 
        query.
            (10) Legitimate foreign law enforcement purposes.--
                    (A) In general.--The term ``legitimate foreign law 
                enforcement purpose'' means for the purpose 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 the jurisdiction of such 
                official.
                    (B) Rule of construction.--For purposes of this 
                Act, the control, suppression, or punishment of 
                peaceful expression of political, religious, or 
                ideological opinion or belief shall not be construed to 
                constitute a legitimate foreign law enforcement 
                purpose. Among expression that should be construed to 
                be protected against control, suppression, or 
                punishment when evaluating a foreign government's claim 
                of a legitimate foreign law enforcement purpose is 
                expression protected by article 19 of the International 
                Covenant on Civil and Political Rights.
            (11) 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.
            (12) 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; or
                            (ii) any record of aggregate data which 
                        cannot be used to identify particular persons.
            (13) Personally identifiable information used to establish 
        or maintain an account.--The term ``personally identifiable 
        information used to establish or maintain an account'' does not 
        include--
                    (A) information collected in the course of 
                establishing or operating accounts for communications 
                within a company;
                    (B) information collected in the course of the 
                purchase, sale, shipment, or distribution of goods, 
                including transactions for goods or services utilizing 
                the Internet, other than communication services on 
                which a political, religious, or ideological opinion or 
                belief may be expressed;
                    (C) personally identifiable information volunteered 
                in an electronic communication, other than in a 
                communication made in the course of establishing an 
                account for Internet communications services, such as 
                an electronic mail signature line or an electronic 
                mail, on-line video, or Web page in which the author 
                voluntarily provides personally identifiable 
                information; or
                    (D) with respect to the collection of personally 
                identifiable information required in order to provide 
                Internet communications services, information that is 
                located in an Internet-restricting country temporarily 
                at the time of establishing an account for Internet 
                communications services, if--
                            (i) a system exists that promptly transfers 
                        such information to another location outside of 
                        any Internet-restricting country;
                            (ii) no duplicates of such information 
                        remain in any Internet-restricting country 
                        after such transfer; and
                            (iii) no transfers occur that violate 
                        section 202.
            (14) 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 the 
                expression of political, religious, or ideological 
                opinion or belief, including by electronic mail; or
                    (B) persecuting, prosecuting, or otherwise 
                punishing an individual or group for posting or 
                transmitting peaceful political, religious, or 
                ideological opinion or belief via the Internet, 
                including by electronic mail.
            (15) 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 cannot be used to identify a 
        particular person. Such term cannot be used to include the 
        contents of any electronic communication.
            (16) 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; and
                    (B) any issuer of a security registered pursuant to 
                section 12 of the Securities Exchange Act of 1934 (15 
                U.S.C. 78l).
            (17) 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.
            (18) 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.
            (19) 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, 
        and to seek, receive, and impart information and ideas through 
        any media and regardless of frontiers, without interference;
            (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 
        without interference or discrimination, 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 the 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--
                    (A) to restrict online access to the Web sites of 
                the Voice of America, Radio Free Europe/Radio Liberty, 
                Radio Free Asia, Al-Hurra, Radio Sawa, Radio Farda, 
                Radio Marti, TV Marti, 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
                    (B) to identify individual Internet users,
        such 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 consist of 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 an individual or 
                group for the peaceful expression of political, 
                religious, or ideological opinion or belief 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 peaceful expression of political, 
                religious, or ideological opinion or belief, including 
                without limitation communication that 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 consist of 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 an individual or 
                group for the peaceful expression of political, 
                religious, or ideological opinion or belief 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''). The head of the Office shall be a Director, who shall 
be appointed by the Secretary of State.
    (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 abroad freedom of electronic information 
        related to expression of political, religious, or ideological 
        opinion or belief;
            (2) develop and ensure the implementation of a global 
        strategy and programs to combat state-sponsored and state-
        directed Internet jamming of communications that express 
        political, religious, or ideological opinion or belief and to 
        combat the intimidation and persecution by foreign governments 
        of their citizens who use the Internet for the peaceful 
        expression of such opinion or belief;
            (3) provide assistance to the Secretary of State 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 
        regard to the control, suppression, or punishment of peaceful 
        expression of political, religious, or ideological opinion or 
        belief 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.--
            (1) In general.--The head of each department and agency 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, 
        as appropriate, cooperate with and assist the Office of Global 
        Internet Freedom in the implementation of its duties, including 
        the strategy developed by the Office under subsection (b)(2).
            (2) Coordination with department of commerce.--
        Notwithstanding the requirements of paragraph (1), the head of 
        the Office shall fully coordinate its activities with those of 
        the National Telecommunications and Information Administration 
        of the Department of Commerce and the Assistant Secretary of 
        Commerce for Communications and Information.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated to the Office to carry out this section such sums as may 
be necessary for each of the fiscal years 2010 and 2011.
    (e) Construction.--Nothing in this section shall supercede the 
requirements of the National Telecommunications and Information 
Administration Organization Act (47 U.S.C. 901 et seq.) or affect the 
responsibilities of the National Telecommunications and Information 
Administration of the Department of Commerce and the Assistant 
Secretary of Commerce for Communications and Information established by 
such Act and amendments to such Act.

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 
        Secretary of State 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 Secretary of State, after 
        consultation with the Secretary of Commerce, determines, based 
        on the review of the evidence and any ongoing multilateral 
        discussions on freedom of speech and the right to privacy, that 
        the government of the country is directly or indirectly 
        responsible for a systematic pattern of substantial 
        restrictions on Internet freedom during any part of 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 
        Secretary of State 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 under 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 under subsection (a).
                    (C) A description of efforts by the United States 
                to counter the substantial restrictions on Internet 
                freedom referred to in subparagraph (B).
                    (D) A description of the evidence used by the 
                Secretary of State to make the determinations under 
                subsection (a)(2) and any ongoing multilateral 
                discussions on freedom of speech and the right to 
                privacy referred to in such subsection.
            (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) Location of Information in Internet-Restricting Countries.--A 
United States business that creates, provides, or offers to the public 
for commercial purposes an Internet search engine or that offers to the 
public for commercial purposes Internet communications services or 
Internet content hosting services may not locate, within an Internet-
restricting country, any electronic communication containing personally 
identifiable information used to establish or maintain an account for 
Internet communications services.
    (b) Waiver.--Subject to subsection (c), the Secretary of State may 
waive the application of any of the provisions of subsection (a) with 
respect to a United States business or an Internet-restricting country, 
if the Secretary of State determines and so reports to the appropriate 
congressional committees that--
            (1) the government of the country has ceased the activities 
        that gave rise to the designation of the country as an 
        Internet-restricting country;
            (2) the laws of the Internet-restricting country require 
        the United States business that creates, provides, or offers to 
        the public for commercial purposes an Internet search engine or 
        that offers to the public for commercial purposes Internet 
        communications services or Internet content hosting services to 
        locate within the country electronic communications containing 
        personally identifiable information used to establish or 
        maintain an account for Internet communications services; or
            (3) the national interest of the United States requires the 
        exercise of such waiver authority.
    (c) Congressional Notification.--Not later than the date of the 
exercise of a waiver under subsection (b), the Secretary of State shall 
notify the appropriate congressional committees of the waiver or the 
intention to exercise the waiver, together with a detailed explanation 
of the reason for the waiver.

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 shall--
            (1) devise and maintain a system of internal policies and 
        procedures which set out how the United States business will 
        assess and respond to requests by Internet-restricting 
        countries for disclosure of personally identifiable 
        information, sufficient to provide reasonable assurances that--
                    (A) responses to such requests are executed in 
                accordance with the specific authorization of the 
                United States business; and
                    (B) responses to such requests are documented to 
                include the exact words or nature of each such request, 
                the information requested, circumstances relevant to 
                determining how to respond to the request, 
                communications with officials of the Internet-
                restricting country, and communications with the United 
                States Government regarding the request or the response 
                to the request; and
            (2) make and keep records that, in reasonable detail, 
        accurately document all requests by Internet-restricting 
        countries for disclosure of personally identifiable 
        information, as well as how the United States business has 
        assessed and responded to such requests, including the exact 
        words or nature of each such request, the information 
        requested, circumstances relevant to determining how to respond 
        to the request, and communications with officials of the 
        Internet-restricting country and communications with the United 
        States Government regarding the request or the response to the 
        request.
    (b) Notification of United States Government of Internal Policies 
and Record-Keeping.--Within 90 days after a foreign country is 
designated as an Internet-restricting country, any United States 
business that collects or obtains personally identifiable information 
through the provision of products or services on the Internet in the 
Internet-restricting country shall transmit to the Director of the 
Office of Global Internet Freedom a full account of its internal 
policies and procedures and its record-keeping practices instituted and 
undertaken in compliance with subsection (a).
    (c) Notification of United States Government of Request for 
Personally Identifiable Information by Internet-Restricting Country.--
If an Internet-restricting country requests personally identifiable 
information from a United States business that collects or obtains 
personally identifiable information through the provision of products 
or services on the Internet in that Internet-restricting country, that 
United States business shall promptly, and before responding to the 
request, inform the Director of the Office of Global Internet Freedom 
and the Attorney General of the exact words or nature of the request, 
the circumstances relevant to determining how to respond to the 
request, and relevant communications with officials of the Internet-
restricting country.
    (d) Order Not To Comply With Request.--If the Attorney General 
determines that there is a reasonable likelihood that an Internet-
restricting country has requested of a United States business that 
collects or obtains personally identifiable information through the 
provision of products or services on the Internet such information for 
other than legitimate law enforcement purposes, the Attorney General 
may issue an order to the United States business that it shall not 
comply with the request.
    (e) Private Right of Action.--Any person aggrieved by a violation 
of subsection (a) or (c), or by a violation of an order issued under 
subsection (d), may bring in the appropriate United States district 
court an action against the United States business that committed the 
violation for damages, including punitive damages, or other appropriate 
relief, 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 Director of the Office of 
Global Internet Freedom, in a format and with a frequency to be 
specified by the Director, 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 Director of 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 Internet 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) In General.--Any United States business that violates this 
title or any order issued under section 202(d) shall be subject to a 
civil penalty of not more than $2,000,000 imposed in an action brought 
by the Attorney General.
    (b) Liability of United States Businesses for Acts of Foreign 
Entities.--A United States business shall be subject to the penalties 
under subsection (a) for the acts carried out by a foreign entity that 
would be a violation under this Act if engaged in by a United States 
business, if the United States business--
            (1) controls a controlling interest in the voting shares or 
        other equity securities of the foreign entity;
            (2) authorizes, directs, controls, or participates in the 
        acts by the foreign entity; or
            (3) authorizes, in whole or in part, by license or 
        otherwise, the foreign entity to use the trade name of the 
        United States business in connection with goods or services 
        provided by the foreign entity.
    (c) Criminal Penalties for Knowing Violations.--Whoever knowingly 
provides to a foreign official of an Internet-restricting country 
information in violation of an order issued under section 202(d), 
knowing that so providing such information will further a policy on the 
part of the government of such country of prosecuting, persecuting, or 
otherwise punishing individuals or groups on account of the peaceful 
expression of political, religious, or ideological opinion or belief, 
and with the result that so providing such information leads to the 
death, torture, serious bodily injury, disappearance, or detention of 
any individual on such account, shall be fined under title 18, United 
States Code, or imprisoned not more than 5 years, or both.

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 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 and make recommendations 
regarding the development of export controls and export license 
requirements with respect to 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.
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