I

105TH CONGRESS

1ST SESSION H. R. 98

To regulate the use by interactive computer services of personally identifiable

information provided by subscribers to such services.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 7, 1997

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 1997’’.
2

•HR 98 IH

1 SEC. 2. REGULATION OF USE BY AN INTERACTIVE COM2 PUTER SERVICE OF A SUBSCRIBER’S PER3 SONALLY IDENTIFIABLE INFORMATION.

4 (a) DISCLOSURE OF PERSONALLY IDENTIFIABLE IN5 FORMATION WITHOUT CONSENT PROHIBITED.—

6 (1) IN GENERAL.—An interactive computer

7 service shall not disclose to a third party any person8 ally identifiable information provided by a subscriber

9 to such service without the subscriber’s prior in10 formed written consent.

11 (2) REVOCATION OF CONSENT.—Such service

12 shall permit a subscriber to revoke the consent

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

14 such revocation, such service shall cease disclosing

15 such information to a third party.

16 (b) KNOWING DISCLOSURE OF FALSIFIED PERSON17 ALLY IDENTIFIABLE INFORMATION PROHIBITED.—An

18 interactive computer service or an employee of such service

19 shall not knowingly disclose to a third party any personally

20 identifiable information provided by a subscriber to such

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

22 falsified.

23 (c) SUBSCRIBER ACCESS TO PERSONALLY IDENTIFI24 ABLE INFORMATION.—

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

26 interactive computer service shall—
3

•HR 98 IH

1 (A) provide the subscriber’s personally

2 identifiable information maintained by the serv3 ice to the subscriber;

4 (B) permit the subscriber to verify such in5 formation maintained by the service; and

6 (C) permit the subscriber to correct any

7 error in such information.

8 (2) ACCESS TO IDENTITY OF RECIPIENTS OF

9 INFORMATION.—At a subscriber’s request, the serv10 ice shall provide to the subscriber the identity of the

11 third party recipients of the subscriber’s personally

12 identifiable information.

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

14 the subscriber for making available the information

15 under this subsection.

16 SEC. 3. ENFORCEMENT AND RELIEF.

17 (a) FEDERAL TRADE COMMISSION.—The Federal

18 Trade Commission shall have the authority to examine

19 and investigate an interactive computer service to deter20 mine whether such service has been or is engaged in any

21 act or practice prohibited by this Act.

22 (b) RELIEF.—

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

24 Trade Commission determines an interactive com25 puter service has been or is engaged in any act or
4

•HR 98 IH

1 practice prohibited by this Act, the Commission may

2 issue a cease and desist order as if such service were

3 in violation of section 5 of the Federal Trade Com4 mission Act.

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

6 violation of section 2 may in a civil action obtain ap7 propriate relief.

8 SEC. 4. DEFINITIONS.

9 As used in this Act—

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

11 means any information service that provides com12 puter access to multiple users via modem to the

13 Internet;

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

15 computer network of both Federal and non-Federal

16 interoperable packet switched data networks;

17 (3) the term ‘‘personally identifiable informa18 tion’’ has the meaning given such term in section

19 631 of the Communications Act of 1934 (47 U.S.C.

20 551);

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

22 a statement—

23 (A) in writing and freely signed by a sub24 scriber;
5

•HR 98 IH

1 (B) consenting to the disclosures such

2 service will make of the information provided;

3 and

4 (C) describing the rights of the subscriber

5 under this Act; and

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

7 to the disclosure of personally identifiable informa8 tion provided by a subscriber to an interactive com9 puter service, a person or other entity other than—

10 (A) such service;

11 (B) an employee of such service; or

12 (C) that subscriber to such service.

Æ