(4) the limitations provided by this section with 
respect to the collection, maintenance, and disclosure 
of information by an interactive video-related service 
provider and the methods under subsections (f) and 
(g) by which such limitations may be enforced. 
If, after a statement referred to in the preceding sentence 
is provided to a subscriber, there is any change with re-
spect to any of the information described in paragraphs 
(1) through (5), such statement shall not be sufficient for 
purposes of this subsection. 
(c) DISCLOSURE PURSUANT TO COURT ORDER.—An 
interactive video-related service provider may disclose such 
personally identifiable personal viewing information, to the 
extent necessary to comply with a court order authorizing 
such disclosure to a governmental entity, but only if—
(1) the subscriber is notified of such order by 
the person to whom the order is directed; and 
(2) in the proceeding relevant to such court 
order—
(A) such entity offers clear and convincing 
evidence that the subject of the information is 
reasonably suspected of engaging in criminal 
activity and that the information disclosed 
would be material evidence in the case; and
(B) the subject of the information is af-
forded the opportunity to appear and contest 
such entity’s claim. 
(d) RIGHT OF SUBSCRIBER TO ACCESS INFORMA-
TION.—If personally identifiable viewing information re-
garding a subscriber to a service provided by an interactive 
video-related service provider is collected, the subscriber 
shall have access to such information for as long as such 
information is maintained. 
(e) DESTRUCTION OF INFORMATION.—An interactive 
video-related service provider shall destroy any personally 
identifiable personal viewing information that is collected 
by the service as soon as such information is no longer 
necessary for the purpose for which it was collected or 
maintained pursuant to subsection (a) and there are no 
pending requests or orders for access to such information 
under subsection (d) or pursuant to a court order. 
(f) FTC ENFORCEMENT.—
(1) UNFAIR OR DECEPTIVE ACT.—This section 
shall be enforced by the Federal Trade Commission 
as if the violation of this section were an unfair or 
deceptive act or practice proscribed under section 
18(a)(1)(B) of the Federal Trade Commission Act 
(15 U.S.C. 57a(a)(1)(B)).
(2) ACTIONS
BY
FTC.—The Federal Trade 
Commission shall prevent any person from violating 
this section in the same manner, by the same means, 
and with the same jurisdiction, powers, and duties 
as though all applicable terms and provisions of the 
Federal Trade Commission Act (15 U.S.C. 41 et 
seq.) were incorporated into and made a part of this 
section. Any entity that violates any provision of this 
section is subject to the penalties and entitled to the 
privileges and immunities provided in the Federal 
Trade Commission Act in the same manner, by the 
same means, and with the same jurisdiction, power, 
and duties as though all applicable terms and provi-
sions of the Federal Trade Commission Act were in-
corporated into and made a part of this section. 
(3) JURISDICTION.—Notwithstanding section 
5(a)(2) of the Federal Trade Commission Act (15 
U.S.C. 45(a)(2)), communications common carriers 
shall be subject to the jurisdiction of the Federal 
Trade Commission for purposes of this section. 
(g) 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 that State has been 
or is threatened or adversely affected by any inter-
active video-related service provider who violates this 
section, the State may bring a civil action in a 
United States district court—
(A) to enjoin further violation of this sec-
tion by the defendant; or 
(B) to obtain damages on behalf of resi-
dents of the State, as provided in paragraph 
(2). 
(2) DAMAGES, FEES, AND COSTS.—In an action 
under paragraph (1)(B), the court may award—
(A) actual damages, but not less than liq-
uidated damages computed at the rate of $100 
a day for each day of violation or $1,000, 
whichever is higher; 
(B) punitive damages; and 
(C) reasonable attorneys’ fees and other 
litigation costs reasonably incurred. 
(h) OTHER REMEDIES.—The remedies provided by 
this Act shall be in addition to any other lawful remedy 
available to a subscriber to an interactive video-related 
service. 
(i) DEFINITIONS.—For purposes of this section, the 
following definitions shall apply: 
(1) INTERACTIVE
VIDEO-RELATED
SERVICES 
PROVIDER.—
(A) IN GENERAL.—Except as provided in 
subparagraph (B), the term ‘‘interactive video-
related services provider’’ means any person 
who has access to personal viewing information 
through—
(i) the provision of video programming 
(as such term is defined in section 602 of 
the Communications Act of 1934 (47 
U.S.C. 522); 
(ii) services for recording of video pro-
gramming; 
(iii) navigation devices, computer soft-
ware, or information; 
(iv) converter boxes; 
(v) interactive communications equip-
ment; or 
(vi) other equipment that is used by 
consumers to access multichannel video 
programming or other services offered 
through a service providing multichannel 
video programming. 
(B) EXCEPTION.—Such term shall not in-
clude any cable operator (as such term is de-
fined in section 602 of the Communications Act 
of 1934.
(2) LEGITIMATE
BUSINESS
ACTIVITY.—The 
term ‘‘legitimate business activity’’ means, with re-
spect to an interactive video-related service provider, 
any interaction between a consumer and the provider 
that is necessary to maintain the providing of a good 
or service requested by the consumer, including ap-
proving, guaranteeing, processing, administering, 
completing, enforcing, providing, or marketing a 
product, service, account, benefit, transaction, or 
payment method that is requested or approved by 
the consumer. 
(3) PERSONAL
VIEWING
INFORMATION.—The 
term ‘‘personal viewing information’’ means, with re-
spect to multichannel video programming provided 
to a person, information regarding the video pro-
gramming that the person views, displays, or 
records. 
(4) 
PERSONALLY
IDENTIFIABLE
INFORMA-
TION.—The term ‘‘personally identifiable informa-
tion’’ does not include any record of aggregate data 
that does not identify particular persons. 
(5) VIDEO
PROGRAMMING.—The term ‘‘video 
programming’’ has the meaning given such term in 
section 602 of the Communications Act of 1934.
(j) PREEMPTION
OF STATE LAWS.—This section 
supercedes any statute, regulation, or rule of a State or 
political subdivision of a State that expressly regulates the 
collection, maintenance, or disclosure of personal viewing 
information, regarding multichannel video programming, 
that is personally identifiable.
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