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 per-
sonally identifiable information provided by subscribers
to such services.
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 ‘‘Consumer Internet
Privacy Protection Act of 1997’’.
SEC. 2. REGULATION OF USE BY AN INTERACTIVE COM-
PUTER SERVICE OF A SUBSCRIBER’S PER-
SONALLY IDENTIFIABLE INFORMATION.
(a) DISCLOSURE OF PERSONALLY IDENTIFIABLE IN-
FORMATION WITHOUT CONSENT PROHIBITED.—
(1) IN
GENERAL.—An interactive computer
service shall not disclose to a third party any person-
ally identifiable information provided by a subscriber
to such service without the subscriber’s prior in-
formed written consent.
(2) REVOCATION
OF
CONSENT.—Such service
shall permit a subscriber to revoke the consent
granted under paragraph (1) at any time, and upon
such revocation, such service shall cease disclosing
such information to a third party.
(b) KNOWING DISCLOSURE OF FALSIFIED PERSON-
ALLY
IDENTIFIABLE INFORMATION
PROHIBITED.—An
interactive computer service or an employee of such service
shall not knowingly disclose to a third party any personally
identifiable information provided by a subscriber to such
service that such service, or such employee, has knowingly
falsified.
(c) SUBSCRIBER ACCESS TO PERSONALLY IDENTIFI-
ABLE INFORMATION.—
(1) IN GENERAL.—At a subscriber’s request, an
interactive computer service shall—
(A) provide the subscriber’s personally
identifiable information maintained by the serv-
ice to the subscriber;
(B) permit the subscriber to verify such in-
formation maintained by the service; and
(C) permit the subscriber to correct any
error in such information.
(2) ACCESS TO IDENTITY OF RECIPIENTS OF
INFORMATION.—At a subscriber’s request, the serv-
ice shall provide to the subscriber the identity of the
third party recipients of the subscriber’s personally
identifiable information.
(3) FEE.—The service shall not charge a fee to
the subscriber for making available the information
under this subsection.
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) RELIEF.—
(1) CEASE AND DESIST ORDER.—If the Federal
Trade Commission determines an interactive com-
puter 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 Com-
mission Act.
(2) CIVIL ACTION.—A subscriber aggrieved by a
violation of section 2 may in a civil action obtain ap-
propriate relief.
SEC. 4. DEFINITIONS.
As used in this Act—
(1) the term ‘‘interactive computer service’’
means any information service that provides com-
puter access to multiple users via modem to the
Internet;
(2) the term ‘‘Internet’’ means the international
computer network of both Federal and non-Federal
interoperable packet switched data networks;
(3) 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);
(4) the term ‘‘informed written consent’’ means
a statement—
(A) in writing and freely signed by a sub-
scriber;
(B) consenting to the disclosures such
service will make of the information provided;
and
(C) describing the rights of the subscriber
under this Act; and
(5) the term ‘‘third party’’ means, with respect
to the disclosure of personally identifiable informa-
tion provided by a subscriber to an interactive com-
puter service, a person or other entity other than—
(A) such service;
(B) an employee of such service; or
(C) that subscriber to such service.
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