I 
109TH CONGRESS 
1ST SESSION 
H. R. 82 
To regulate the use by interactive computer services of Social Security account 
numbers and related personally identifiable information. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 4, 2005 
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 identifi-
able information. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Social Security On- 
line Privacy Protection Act’’.
SEC. 2. REGULATION OF USE BY AN INTERACTIVE COM-
PUTER SERVICE OF SOCIAL SECURITY AC-
COUNT NUMBERS AND RELATED PERSON-
ALLY IDENTIFIABLE INFORMATION. 
(a) DISCLOSURE
OF SOCIAL SECURITY ACCOUNT 
NUMBER OR RELATED PERSONALLY IDENTIFIABLE IN-
FORMATION WITHOUT CONSENT PROHIBITED.—An inter-
active computer service shall not, by means of a reference 
service or otherwise, disclose to a third party without an 
individual’s prior informed written consent— 
(1) such individual’s Social Security account 
number, or 
(2) personally identifiable information which is 
identifiable to such individual by means of the indi-
vidual’s Social Security account number. 
(b) REVOCATION OF CONSENT.—Such service shall 
permit an individual to revoke any consent granted pursu-
ant to subsection (a) at any time, and upon such revoca-
tion, such service shall cease disclosing such number or 
information to a third party. 
SEC. 3. ENFORCEMENT AND RELIEF. 
(a) FEDERAL TRADE COMMISSION.—The Federal 
Trade Commission shall have the authority to examine 
and investigate an interactive computer service to deter-
mine whether such service has been or is engaged in any 
act or practice prohibited by this Act.
(b) ENFORCEMENT.—If the Federal Trade Commis-
sion determines an interactive computer service has been 
or is engaged in any act or practice prohibited by this Act, 
the Commission may issue a cease and desist order as if 
such service were in violation of section 5 of the Federal 
Trade Commission Act and shall be subject to liability for 
violations of such order as provided in such section 5. Any 
such service which engages in an act or practice prohibited 
by this Act with actual knowledge, or knowledge fairly im-
plied on the basis of objective circumstances, that such 
act or practice is so prohibited shall also be liable for civil 
penalties under section 5(m)(1) of such Act as if such 
service were in violation of such section 5. 
SEC. 4. DEFINITIONS. 
As used in this Act— 
(1) INTERACTIVE
COMPUTER
SERVICE.—The 
term ‘‘interactive computer service’’ means any in-
formation service that provides computer access to 
multiple users via modem or other means of tele-
communication to the Internet or any other on-line 
network. 
(2) INTERNET.—The term ‘‘Internet’’ means 
the international computer network of both Federal 
and non-Federal interoperable packet switched data 
networks.
(3) SOCIAL SECURITY ACCOUNT NUMBER.—The 
term ‘‘Social Security account number’’ of an indi-
vidual means the number assigned to such individual 
under section 205(c)(2)(B) of the Social Security 
Act (and any derivative of such number). 
(4) 
PERSONALLY
IDENTIFIABLE
INFORMA-
TION.—The term ‘‘personally identifiable informa-
tion’’ has the meaning given such term in section 
631 of the Communications Act of 1934 (47 U.S.C. 
551). 
(5) INFORMED WRITTEN CONSENT.—The term 
‘‘informed written consent’’ of an individual means 
a statement— 
(A) in writing and freely signed by the in-
dividual; 
(B) consenting to the disclosures such 
service will make of the information provided; 
and 
(C) describing the rights of the individual 
under this Act. 
(6) THIRD
PARTY.—The term ‘‘third party’’ 
means, with respect to the disclosure thereto of an 
individual’s Social Security account number or any 
personally identifiable information in connection
with such individual, a person or other entity other 
than— 
(A) such service; 
(B) an employee of such service; or 
(C) the individual. 
Æ