I

107TH CONGRESS

1ST SESSION H. R. 91

To regulate the use by interactive computer services of Social Security account

numbers and related personally identifiable information.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 3, 2001

Mr. FRELINGHUYSEN introduced the following bill; which was referred to the

Committee on Energy and Commerce

A BILL

To regulate the use by interactive computer services of Social

Security account numbers and related personally identifiable information.

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 ‘‘Social Security On5 line Privacy Protection Act’’.
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1 SEC. 2. REGULATION OF USE BY AN INTERACTIVE COM2 PUTER SERVICE OF SOCIAL SECURITY AC3 COUNT NUMBERS AND RELATED PERSON4 ALLY IDENTIFIABLE INFORMATION.

5 (a) DISCLOSURE OF SOCIAL SECURITY ACCOUNT

6 NUMBER OR RELATED PERSONALLY IDENTIFIABLE IN7 FORMATION WITHOUT CONSENT PROHIBITED.—An inter8 active computer service shall not, by means of a reference

9 service or otherwise, disclose to a third party—

10 (1) an individual’s Social Security account

11 number, or

12 (2) personally identifiable information which is

13 indentifiable to an individual by means of the indi14 vidual’s Social Security account number,

15 without the individual’s prior informed written consent.

16 (b) REVOCATION OF CONSENT.—Such service shall

17 permit an individual to revoke any consent granted pursu18 ant to paragraph (1) at any time, and upon such revoca19 tion, such service shall cease disclosing such number or

20 information to a third party.

21 SEC. 3. ENFORCEMENT AND RELIEF.

22 (a) FEDERAL TRADE COMMISSION.—The Federal

23 Trade Commission shall have the authority to examine

24 and investigate an interactive computer service to deter25 mine whether such service has been or is engaged in any

26 act or practice prohibited by this Act.
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1 (b) ENFORCEMENT.—If the Federal Trade Commis2 sion determines an interactive computer service has been

3 or is engaged in any act or practice prohibited by this Act,

4 the Commission may issue a cease and desist order as if

5 such service were in violation of section 5 of the Federal

6 Trade Commission Act and shall be subject to liability for

7 violations of such order as provided in such section 5. Any

8 such service which engages in an act or practice prohibited

9 by this Act with actual knowledge, or knowledge fairly im10 plied on the basis of objective circumstances, that such

11 act or practice is so prohibited shall also be liable for civil

12 penalties under section 5(m)(1) of such Act as if such

13 service were in violation of such section 5.

14 SEC. 4. DEFINITIONS.

15 As used in this Act—

16 (1) INTERACTIVE COMPUTER SERVICE.—The

17 term ‘‘interactive computer service’’ means any in18 formation service that provides computer access to

19 multiple users via modem or other means of tele20 communication to the Internet or any other on-line

21 network.

22 (2) INTERNET.—The term ‘‘Internet’’ means

23 the international computer network of both Federal

24 and non-Federal interoperable packet switched data

25 networks.
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1 (3) SOCIAL SECURITY ACCOUNT NUMBER.—The

2 term ‘‘Social Security account number’’ of an indi3 vidual means the number assigned to such individual

4 under section 205(c)(2)(B) of the Social Security

5 Act (and any derivative of such number).

6 (4) PERSONALLY IDENTIFIABLE INFORMA7 TION.—The term ‘‘personally identifiable informa8 tion’’ has the meaning given such term in section

9 631 of the Communications Act of 1934 (47 U.S.C.

10 551).

11 (5) INFORMED WRITTEN CONSENT.—The term

12 ‘‘informed written consent’’ of an individual means

13 a statement—

14 (A) in writing and freely signed by the in15 dividual;

16 (B) consenting to the disclosures such

17 service will make of the information provided;

18 and

19 (C) describing the rights of the individual

20 under this Act.

21 (6) THIRD PARTY.—The term ‘‘third party’’

22 means, with respect to the disclosure thereto of an

23 individual’s Social Security account number or any

24 personally identifiable information in connection
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1 with such individual, a person or other entity other

2 than—

3 (A) such service;

4 (B) an employee of such service; or

5 (C) the individual.

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