I

104TH CONGRESS

2D SESSION H. R. 4113

To regulate the use by interactive computer services of personally identifiable

information provided by subscribers to such services.

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 18, 1996

Mr. VENTO introduced the following bill; which was referred to the Committee

on Commerce

A BILL

To regulate the use by interactive computer services of personally identifiable information provided by subscribers

to such services.

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 ‘‘Consumer Internet

5 Privacy Protection Act of 1996’’.

6 SEC. 2. REGULATION OF USE BY AN INTERACTIVE COM7 PUTER SERVICE OF A SUBSCRIBER’S PER8 SONALLY IDENTIFIABLE INFORMATION.

9 (a) DISCLOSURE OF PERSONALLY IDENTIFIABLE IN10 FORMATION WITHOUT CONSENT PROHIBITED.—
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1 (1) IN GENERAL.—An interactive computer

2 service shall not disclose to a third party any person3 ally identifiable information provided by a subscriber

4 to such service without the subscriber’s prior in5 formed written consent.

6 (2) REVOCATION OF CONSENT.—Such service

7 shall permit a subscriber to revoke the consent

8 granted under paragraph (1) at any time, and upon

9 such revocation, such service shall cease disclosing

10 such information to a third party.

11 (b) KNOWING DISCLOSURE OF FALSIFIED PERSON12 ALLY IDENTIFIABLE INFORMATION PROHIBITED.—An

13 interactive computer service or an employee of such service

14 shall not knowingly disclose to a third party any personally

15 identifiable information provided by a subscriber to such

16 service that such service, or such employee, has knowingly

17 falsified.

18 (c) SUBSCRIBER ACCESS TO PERSONALLY IDENTIFI19 ABLE INFORMATION.—

20 (1) IN GENERAL.—At a subscriber’s request, an

21 interactive computer service shall—

22 (A) provide the subscriber’s personally

23 identifiable information maintained by the serv24 ice to the subscriber;
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1 (B) permit the subscriber to verify such in2 formation maintained by the service; and

3 (C) permit the subscriber to correct any

4 error in such information.

5 (2) ACCESS TO IDENTITY OF RECIPIENTS OF

6 INFORMATION.—At a subscriber’s request, the serv7 ice shall provide to the subscriber the identity of the

8 third party recipients of the subscriber’s personally

9 identifiable information.

10 (3) FEE.—The service shall not charge a fee to

11 the subscriber for making available the information

12 under this subsection.

13 SEC. 3. ENFORCEMENT AND RELIEF.

14 (a) FEDERAL TRADE COMMISSION.—The Federal

15 Trade Commission shall have the authority to examine

16 and investigate an interactive computer service to deter17 mine whether such service has been or is engaged in any

18 act or practice prohibited by this Act.

19 (b) RELIEF.—

20 (1) CEASE AND DESIST ORDER.—If the Federal

21 Trade Commission determines an interactive com22 puter service has been or is engaged in any act or

23 practice prohibited by this Act, the Commission may

24 issue a cease and desist order as if such service were
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1 in violation of section 5 of the Federal Trade Com2 mission Act.

3 (2) CIVIL ACTION.—A subscriber aggrieved by a

4 violation of section 2 may in a civil action obtain ap5 propriate relief.

6 SEC. 4. DEFINITIONS.

7 As used in this Act—

8 (1) the term ‘‘interactive computer service’’

9 means any information service that provides com10 puter access to multiple users via modem to the

11 Internet;

12 (2) the term ‘‘Internet’’ means the international

13 computer network of both Federal and non-Federal

14 interoperable packet switched data networks;

15 (3) the term ‘‘personally identifiable informa16 tion’’ has the meaning given such term in section

17 631 of the Communications Act of 1934 (47 U.S.C.

18 551);

19 (4) the term ‘‘informed written consent’’ means

20 a statement—

21 (A) in writing and freely signed by a sub22 scriber;

23 (B) consenting to the disclosures such

24 service will make of the information provided;

25 and
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1 (C) describing the rights of the subscriber

2 under this Act; and

3 (5) the term ‘‘third party’’ means, with respect

4 to the disclosure of personally identifiable informa5 tion provided by a subscriber to an interactive com6 puter service, a person or other entity other than—

7 (A) such service;

8 (B) an employee of such service; or

9 (C) that subscriber to such service.

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