I 
115TH CONGRESS 
1ST SESSION H. R. 2356 
To protect broadband users from unfair or deceptive practices relating to 
privacy or data security, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 4, 2017 
Mr. MCNERNEY (for himself, Ms. DEGETTE, Mr. ENGEL, Mr. RUSH, Mr. 
KHANNA, and Mr. TAKANO) introduced the following bill; which was re-
ferred to the Committee on Energy and Commerce 
A BILL 
To protect broadband users from unfair or deceptive prac-
tices relating to privacy or data security, and for other 
purposes. 
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 ‘‘Managing Your Data 
Against Telecom Abuses Act of 2017’’ or the ‘‘MY DATA 
Act of 2017’’. 
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SEC. 2. PROTECTING BROADBAND USERS FROM UNFAIR OR 
DECEPTIVE ACTS OR PRACTICES RELATING 
TO PRIVACY OR DATA SECURITY. 
(a) DEFINITIONS.—In this section: 
(1) 
BROADBAND
PROVIDER.—The 
term 
‘‘broadband provider’’ means a person who provides 
a mass-market retail service by wire or radio that 
provides the capability to transmit data to and re-
ceive data from all or substantially all Internet 
endpoints, including any capabilities that are inci-
dental to and enable the operation of the commu-
nications service, but excluding dial-up Internet ac-
cess service. 
(2) EDGE
PROVIDER.—The term ‘‘edge pro-
vider’’ means any person who— 
(A) provides any content, application, or 
service over the Internet; or 
(B) provides a device used for accessing 
any content, application, or service over the 
Internet. 
(b) PROHIBITION.— 
(1) IN
GENERAL.—It is unlawful for a 
broadband provider or edge provider to use an un-
fair or deceptive act or practice relating to privacy 
or data security in or affecting commerce. 
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(2) RULE OF CONSTRUCTION.—Paragraph (1) 
shall not be construed to imply that it was lawful be-
fore the date of the enactment of this Act for a 
broadband provider or an edge provider to use an 
unfair or deceptive act or practice relating to privacy 
or data security in or affecting commerce. 
(c) REGULATIONS.—The Federal Trade Commission 
may, after consulting with the Federal Communications 
Commission, promulgate such regulations under section 
553 of title 5, United States Code, as the Federal Trade 
Commission considers appropriate to carry out this sec-
tion. 
(d) ENFORCEMENT BY FEDERAL TRADE COMMIS-
SION.— 
(1) UNFAIR
OR
DECEPTIVE
ACTS
OR
PRAC-
TICES.—A violation of subsection (b)(1) shall be 
treated as an unfair or deceptive act or practice in 
violation of a regulation prescribed under section 
18(a)(1)(B) of the Federal Trade Commission Act 
(15 U.S.C. 57a(a)(1)(B)) regarding unfair or decep-
tive acts or practices. 
(2) POWERS OF COMMISSION.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (C), the Federal Trade Commis-
sion shall enforce this Act in the same manner, 
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by the same means, and with the same jurisdic-
tion, powers, and duties as though all applicable 
terms and provisions of the Federal Trade 
Commission Act (15 U.S.C. 41 et seq.) were in-
corporated into and made a part of this Act. 
(B) PRIVILEGES
AND
IMMUNITIES.—Ex-
cept as provided in subparagraph (C), any per-
son who violates this Act shall be subject to the 
penalties and entitled to the privileges and im-
munities provided in the Federal Trade Com-
mission Act (15 U.S.C. 41 et seq.). 
(C) COMMON CARRIERS AND NONPROFIT 
ORGANIZATIONS.—Notwithstanding section 4, 
5(a)(2), or 6 of the Federal Trade Commission 
Act (15 U.S.C. 44, 45(a)(2), and 46) or any ju-
risdictional limitation of the Federal Trade 
Commission, the Commission shall also enforce 
this Act, in the same manner provided in sub-
paragraphs (A) and (B) of this paragraph, with 
respect to— 
(i) common carriers subject to the 
Communications Act of 1934 (47 U.S.C. 
151 et seq.) and Acts amendatory thereof 
and supplementary thereto; and 
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(ii) organizations not organized to 
carry on business for their own profit or 
that of their members. 
(e) ENFORCEMENT BY STATES.— 
(1) IN GENERAL.—In any case in which the at-
torney general of a State has reason to believe that 
an interest of the residents of the State has been or 
is threatened or adversely affected by the engage-
ment of any person subject to subsection (b)(1) in 
a practice that violates such subsection, the attorney 
general of the State may, as parens patriae, bring 
a civil action on behalf of the residents of the State 
in an appropriate district court of the United States 
to obtain appropriate relief. 
(2) RIGHTS
OF
FEDERAL
TRADE
COMMIS-
SION.— 
(A) NOTICE TO FEDERAL TRADE COMMIS-
SION.— 
(i) IN GENERAL.—Except as provided 
in clause (iii), the attorney general of a 
State shall notify the Commission in writ-
ing that the attorney general intends to 
bring a civil action under paragraph (1) 
before initiating the civil action against a 
person subject to subsection (b)(1). 
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State to conduct investigations, to administer oaths 
or affirmations, or to compel the attendance of wit-
nesses or the production of documentary or other 
evidence. 
(4) ACTION
BY
FEDERAL
TRADE
COMMIS-
SION.—If the Federal Trade Commission institutes 
a civil action with respect to a violation of subsection 
(b)(1), the attorney general of a State may not, dur-
ing the pendency of such action, bring a civil action 
under paragraph (1) of this subsection against any 
defendant named in the complaint of the Commis-
sion for the violation with respect to which the Com-
mission instituted such action. 
(5) VENUE; SERVICE OF PROCESS.— 
(A) VENUE.—Any action brought under 
paragraph (1) may be brought in— 
(i) the district court of the United 
States that meets applicable requirements 
relating to venue under section 1391 of 
title 28, United States Code; or 
(ii) another court of competent juris-
diction. 
(B) SERVICE OF PROCESS.—In an action 
brought under paragraph (1), process may be 
served in any district in which the defendant— 
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(i) is an inhabitant; or 
(ii) may be found. 
(6) ACTIONS BY OTHER STATE OFFICIALS.— 
(A) IN GENERAL.—In addition to civil ac-
tions brought by attorneys general under para-
graph (1), any other officer of a State who is 
authorized by the State to do so may bring a 
civil action under paragraph (1), subject to the 
same requirements and limitations that apply 
under this subsection to civil actions brought by 
attorneys general. 
(B) SAVINGS PROVISION.—Nothing in this 
subsection may be construed to prohibit an au-
thorized official of a State from initiating or 
continuing any proceeding in a court of the 
State for a violation of any civil or criminal law 
of the State. 
(7) AUTHORITY PRESERVED.—Nothing in this 
Act shall be construed to limit the authority of the 
Federal Trade Commission under any other provi-
sion of law. 
Æ 
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