I 
115TH CONGRESS 
1ST SESSION H. R. 3175 
To establish privacy protections for customers of broadband Internet access 
service and other telecommunications services. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 11, 2017 
Mr. ELLISON (for himself, Ms. NORTON, Ms. MAXINE WATERS of California, 
Ms. SCHAKOWSKY, Ms. JAYAPAL, Mr. BLUMENAUER, and Ms. SHEA- 
PORTER) introduced the following bill; which was referred to the Com-
mittee on Energy and Commerce 
A BILL 
To establish privacy protections for customers of broadband 
Internet access service and other telecommunications 
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 ‘‘Online Privacy Act’’. 
SEC. 2. PRIVACY OF CUSTOMERS OF BROADBAND INTER-
NET ACCESS SERVICE AND OTHER TELE-
COMMUNICATIONS SERVICES. 
(a) IN GENERAL.—Section 222 of the Communica-
tions Act of 1934 (47 U.S.C. 222) is amended— 
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(1) by redesignating subsection (h) as sub-
section (i); and 
(2) by inserting after subsection (g) the fol-
lowing: 
‘‘(h) PRIVACY
OF
CUSTOMERS
OF
BROADBAND 
INTERNET ACCESS SERVICE AND OTHER TELECOMMUNI-
CATIONS SERVICES.— 
‘‘(1) DEFINITIONS.—In this subsection— 
‘‘(A) the term ‘broadband Internet access 
service’ has the meaning given the term in sec-
tion 8.2 of title 47, Code of Federal Regula-
tions, or any successor regulation; 
‘‘(B) the term ‘customer’ means— 
‘‘(i) a current or former subscriber to 
a telecommunications service; or 
‘‘(ii) an applicant for a telecommuni-
cations service; 
‘‘(C) the term ‘customer proprietary infor-
mation’ means, with respect to information or 
content that a telecommunications carrier ac-
quires in connection with its provision of tele-
communications service— 
‘‘(i) individually identifiable customer 
proprietary network information; 
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‘‘(ii) personally identifiable informa-
tion; and 
‘‘(iii) content of communications; 
‘‘(D) the term ‘opt-in approval’ means a 
method for a telecommunications carrier to ob-
tain customer consent to use, disclose, or per-
mit access to the customer’s customer propri-
etary information that requires that the tele-
communications carrier obtain from the cus-
tomer affirmative, express consent allowing the 
requested usage, disclosure, or access to the 
customer proprietary information after the cus-
tomer is provided appropriate notification of the 
carrier’s request; 
‘‘(E) the term ‘sensitive customer propri-
etary information’ includes— 
‘‘(i) financial information; 
‘‘(ii) health information; 
‘‘(iii) information pertaining to chil-
dren; 
‘‘(iv) Social Security numbers; 
‘‘(v) precise geolocation information; 
‘‘(vi) content of communications; 
‘‘(vii) call detail information; 
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‘‘(viii) web browsing history, applica-
tion usage history, and the functional 
equivalents of either; and 
‘‘(ix) any other customary proprietary 
information that the Commission deter-
mines to be sensitive; and 
‘‘(F) the term ‘telecommunications service’ 
includes broadband Internet access service and 
interconnected VoIP service. 
‘‘(2) REGULATIONS.—In carrying out this sec-
tion, the Commission shall promulgate regulations to 
protect the privacy of customers of telecommuni-
cations service. 
‘‘(3) CONTENTS.—In promulgating regulations 
under paragraph (2), the Commission shall— 
‘‘(A) require a telecommunications carrier 
to notify a customer about the collection, use, 
and sharing of his or her customer proprietary 
information, including by— 
‘‘(i) notifying the customer about the 
types of customer proprietary information 
the carrier collects; 
‘‘(ii) specifying how and for what pur-
poses the carrier uses and shares customer 
proprietary information; and 
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‘‘(iii) identifying the types of entities 
with which the carrier shares customer 
proprietary information; 
‘‘(B) require a telecommunications carrier 
to— 
‘‘(i) provide the notification under 
subparagraph (A) to a customer at the 
point of sale, before the purchase of serv-
ice; and 
‘‘(ii) update a customer when the car-
rier makes a material change to a privacy 
policy, including any of the policies de-
scribed in subparagraph (A); 
‘‘(C) require a telecommunications carrier 
to obtain opt-in approval from a customer to 
use and share his or her sensitive customer pro-
prietary information; 
‘‘(D) implement strong protection for de- 
identified customary proprietary information, to 
prevent re-identifying such information; 
‘‘(E) prohibit a telecommunications carrier 
from refusing to serve a customer who does not 
consent to the use and sharing of his or her 
customer proprietary information for commer-
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