nually thereafter, the President shall transmit to the 
appropriate congressional committees a report that 
contains the following: 
(A) The name of each foreign country that 
at the time of the transmission of the report is 
designated as an Internet-restricting country 
pursuant to subsection (a). 
(B) An identification of each government 
agency and quasi-government organization re-
sponsible for the substantial restrictions on 
Internet freedom in each foreign country des-
ignated as an Internet-restricting country pur-
suant to subsection (a). 
(C) A description of efforts by the United 
States to counter the substantial restrictions on 
Internet freedom referred to in subparagraph 
(B). 
(2) FORM.—The information required by para-
graph (1)(C) of the report may be provided in a 
classified form if necessary. 
(3) INTERNET AVAILABILITY.—All unclassified 
portions of the report shall be made publicly avail-
able on the Internet Web site of the Department of 
State. 
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TITLE II—MINIMUM CORPORATE 
STANDARDS 
FOR 
ONLINE 
FREEDOM 
SEC. 201. PROTECTION OF PERSONALLY IDENTIFIABLE IN-
FORMATION. 
(a) PROHIBITION OF LOCATING PERSONALLY IDEN-
TIFIABLE
INFORMATION
IN
INTERNET-RESTRICTING 
COUNTRIES.—A United States business may not locate, 
within a designated Internet-restricting country, any elec-
tronic communication that contains any personally identi-
fiable information. 
(b) DEFINITIONS.—In this section: 
(1) TITLE 18 DEFINITIONS.—The terms ‘‘elec-
tronic communication’’, ‘‘electronic communications 
system’’, ‘‘electronic storage’’, and ‘‘contents’’ have 
the meanings given such terms in section 2510 of 
title 18, United States Code. 
(2) LOCATE.—The term ‘‘locate’’ includes, with 
respect to an electronic communication— 
(A) computer storage or processing by fa-
cilities of a remote computing service, as such 
term is defined in section 2711 of title 18, 
United States Code; 
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(B) electronic storage by any electronic or 
computer server or facility of an electronic com-
munications system; and 
(C) any other storage by any electronic or 
computer server or facility. 
(3) TRAFFIC DATA.—The term ‘‘traffic data’’ 
means, with respect to an electronic communication, 
any information contained in or relating to such 
communication that is processed for the purpose of 
the conveyance of the communication by an elec-
tronic communications system or for the billing 
thereof, including any Internet Protocol address or 
other means of identifying a location within an elec-
tronic communications system, but that does not by 
itself identify a particular person. Such term does 
not include the contents of any electronic commu-
nication. 
SEC. 202. INTEGRITY OF PERSONALLY IDENTIFIABLE IN-
FORMATION. 
(a) USER PROTECTION.—If a United States business 
collects or obtains personally identifiable information 
through the provision of products or services on the Inter-
net, such business may not provide such information to 
any foreign official of an Internet-restricting country, ex-
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cept for legitimate foreign law enforcement purposes as 
determined by the Department of Justice. 
(b) USE OF ESTABLISHED LEGAL CHANNELS.—Any 
information that may be provided under subsection (a) for 
legitimate foreign law enforcement purposes may only be 
provided through established legal channels as determined 
by the Department of Justice. 
(c) PRIVATE RIGHT OF ACTION.—Any person ag-
grieved by a violation of this section may bring an action 
for damages, including punitive damages, or other appro-
priate relief in the appropriate district court of the United 
States, without regard to the amount in controversy, and 
without regard to the citizenship of the parties. 
SEC. 203. TRANSPARENCY REGARDING SEARCH ENGINE 
FILTERING. 
Any United States business that creates, provides, or 
hosts an Internet search engine shall provide the Office 
of Global Internet Freedom, in a format and with a fre-
quency to be specified by the Office, with all terms and 
parameters used to filter, limit, or otherwise affect the re-
sults provided by the search engine that are imple-
mented— 
(1) at the request of, or by reason of any other 
direct or indirect communication by, any foreign of-
ficial of an Internet-restricting country; or 
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(2) to comply with a policy or practice of re-
strictions on Internet freedom in an Internet-re-
stricting country. 
SEC. 204. TRANSPARENCY REGARDING INTERNET CENSOR-
SHIP. 
(a) PROVISION OF URLS.—Any United States busi-
ness that maintains an Internet content hosting service 
shall provide the Office of Global Internet Freedom, in a 
format and with a frequency to be specified by the Office, 
with the Uniform Resource Locators (URLs) of all data 
and content that such business has, under the cir-
cumstances set forth in subsection (b)— 
(1) removed from the content hosting service of 
such business; 
(2) blocked from availability on the Internet; or 
(3) blocked from transmission via the Internet 
into or within an Internet-restricting country. 
(b) CIRCUMSTANCES.—The circumstances referred to 
in subsection (a) are that the United States business took 
the action under subsection (a)— 
(1) at the request of, or by reason of any other 
direct or indirect communication by, any foreign of-
ficial of an Internet-restricting country; or 
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(2) in order to comply with a policy or practice 
of restrictions on Internet freedom in an Internet-re-
stricting country. 
SEC. 205. PROTECTION OF UNITED STATES-SUPPORTED ON-
LINE CONTENT. 
A United States business that maintains an Internet 
content hosting service may not conduct Internet jamming 
of a United States-supported Web site or United States- 
supported content in an Internet-restricting country. 
SEC. 206. PENALTIES. 
(a) CIVIL PENALTIES.—(1)(A) Any United States 
business that violates section 202(a) shall be subject to 
a civil penalty of not more than $2,000,000 imposed in 
an action brought by the Attorney General. 
(B) Any officer, director, employee, or agent, or 
stockholder of a United States business, who is acting on 
behalf of that business concern and who violates section 
202(a), shall be subject to a civil penalty of not more 
$100,000 imposed in an action brought by the Attorney 
General. 
(2) Any United States business that violates section 
201, 203, 204, or 205, or any officer, director, employee, 
or agent, or stockholder of a United States business, who 
is acting on behalf of that business concern and who vio-
lates section 201, 203, 204, or 205, shall be subject to 
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a civil penalty of not more than $10,000 imposed in an 
action brought by the Attorney General. 
(b) CRIMINAL
PENALTIES.—(1)(A) Any United 
States business that willfully violates, or willfully attempts 
to violate, section 202(a) shall be fined not more than 
$2,000,000. 
(B) Any officer, director, employee, or agent, or 
stockholder of a United States business, who is acting on 
behalf of that business concern, and who willfully violates, 
or willfully attempts to violate, section 202(a), shall be 
fined not more than $100,000, or imprisoned not more 
than 5 years, or both. 
(2)(A) Any United States business that willfully vio-
lates, or willfully attempts to violate, section 201, 203, 
204, or 205 shall be fined not more than $10,000. 
(B) Any officer, director, employee, or agent, or 
stockholder of a United States business, who is acting on 
behalf of that business concern and who willfully violates, 
or willfully attempts to violate, section 201, 203, 204, or 
205, shall be fined not more than $10,000, or imprisoned 
not more than 1 year, or both. 
(c) PAYMENT OF FINES.—Whenever a fine is im-
posed under subsection (a) or (b) upon any officer, direc-
tor, employee, agent, or stockholder of a United States 
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business, the fine may not be paid, directly or indirectly, 
by the United States business. 
SEC. 207. PRESIDENTIAL WAIVER. 
(a) IN GENERAL.—Subject to subsection (b), the 
President may waive the application of any of the provi-
sions of sections 201 through 205 with respect to a United 
States business or an Internet-restricting country, if the 
President determines and so reports to the appropriate 
congressional committees that— 
(1) the government of the country has ceased 
the activities giving rise to the designation of the 
country as an Internet-restricting country; 
(2) the exercise of such waiver authority would 
further the purposes of this Act; or 
(3) the important national interest of the 
United States requires the exercise of such waiver 
authority. 
(b) CONGRESSIONAL NOTIFICATION.—Not later than 
the date of the exercise of a waiver under subsection (a), 
the President shall notify the appropriate congressional 
committees of the waiver or the intention to exercise the 
waiver, together with a detailed justification for the waiv-
er. 
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TITLE III—EXPORT CONTROLS 
FOR INTERNET-RESTRICTING 
COUNTRIES 
SEC. 301. FEASIBILITY STUDY ON ESTABLISHMENT OF EX-
PORT CONTROLS. 
Not later than 180 days after the date of the enact-
ment of this Act, the Secretary of Commerce, in consulta-
tion with the Secretary of State, shall complete a feasi-
bility study regarding the development of export license 
requirements regarding the export of any item subject to 
sections 730 through 774 of title 15, Code of Federal Reg-
ulations (commonly known as the ‘‘Export Administration 
Regulations’’) to an end user in an Internet-restricting 
country for the purpose, in whole or in part, of facilitating 
substantial restrictions on Internet freedom. 
SEC. 302. REPORT. 
Not later than 30 days after the end of the 180-day 
period described in section 301, the Secretary of Com-
merce, in consultation with the Secretary of State, shall 
submit to the appropriate congressional committees a re-
port describing the actions taken to carry out section 301. 
Æ 
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