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105TH CONGRESS
1ST SESSION
H. R. 1287
To regulate the use by interactive computer services of Social Security account
numbers and related personally identifiable information.
IN THE HOUSE OF REPRESENTATIVES
APRIL 10, 1997
Mr. FRANKS of New Jersey (for himself and Mr. HERGER) introduced the
following bill; which was referred to the Committee on Commerce
A BILL
To regulate the use by interactive computer services of Social
Security account numbers and related personally identifi-
able information.
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 ‘‘Social Security On-
line Privacy Protection Act of 1997’’.
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SEC. 2. REGULATION OF USE BY AN INTERACTIVE COM-
PUTER SERVICE OF SOCIAL SECURITY AC-
COUNT NUMBERS AND RELATED PERSON-
ALLY IDENTIFIABLE INFORMATION.
(a) DISCLOSURE
OF SOCIAL SECURITY ACCOUNT
NUMBER OR RELATED PERSONALLY IDENTIFIABLE IN-
FORMATION WITHOUT CONSENT PROHIBITED.—An inter-
active computer service shall not, by means of a reference
service or otherwise, disclose to a third party—
(1) an individual’s Social Security account
number, or
(2) personally identifiable information which is
indentifiable to an individual by means of the indi-
vidual’s Social Security account number,
without the individual’s prior informed written consent.
(b) REVOCATION OF CONSENT.—Such service shall
permit an individual to revoke any consent granted pursu-
ant to paragraph (1) at any time, and upon such revoca-
tion, such service shall cease disclosing such number or
information to a third party.
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.
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(b) ENFORCEMENT.—If the Federal Trade Commis-
sion determines an interactive computer 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 Commission Act and shall be subject to liability for
violations of such order as provided in such section 5. Any
such service which engages in an act or practice prohibited
by this Act with actual knowledge, or knowledge fairly im-
plied on the basis of objective circumstances, that such
act or practice is so prohibited shall also be liable for civil
penalties under section 5(m)(1) of such Act as if such
service were in violation of such section 5.
SEC. 4. DEFINITIONS.
As used in this Act—
(1) INTERACTIVE
COMPUTER
SERVICE.—The
term ‘‘interactive computer service’’ means any in-
formation service that provides computer access to
multiple users via modem or other means of tele-
communication to the Internet or any other on-line
network.
(2) INTERNET.—The term ‘‘Internet’’ means
the international computer network of both Federal
and non-Federal interoperable packet switched data
networks.
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(3) SOCIAL SECURITY ACCOUNT NUMBER.—The
term ‘‘Social Security account number’’ of an indi-
vidual means the number assigned to such individual
under section 205(c)(2)(B) of the Social Security
Act (and any derivative of such number).
(4) 
PERSONALLY
IDENTIFIABLE
INFORMA-
TION.—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).
(5) INFORMED WRITTEN CONSENT.—The term
‘‘informed written consent’’ of an individual means
a statement—
(A) in writing and freely signed by the in-
dividual;
(B) consenting to the disclosures such
service will make of the information provided;
and
(C) describing the rights of the individual
under this Act.
(6) THIRD
PARTY.—The term ‘‘third party’’
means, with respect to the disclosure thereto of an
individual’s Social Security account number or any
personally identifiable information in connection
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with such individual, a person or other entity other
than—
(A) such service;
(B) an employee of such service; or
(C) the individual.
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