is directly or indirectly responsible for a systematic 
pattern of substantial restrictions on Internet free-
dom during any part of the preceding 1-year period. 
(b) REPORT.— 
(1) IN
GENERAL.—Not later than 180 days 
after the date of the enactment of this Act, and an-
nually thereafter, the Secretary of State shall trans-
mit 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 
under 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 under 
subsection (a). 
(C) A description of efforts by the United 
States to counter the substantial restrictions on 
Internet freedom referred to in subparagraph 
(B), including a description and details of pro-
grams funded under any other provision of law 
VerDate Mar 15 2010 
22:42 Feb 07, 2013
Jkt 029200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H491.IH
H491
srobinson on DSK4SPTVN1PROD with BILLS
with the purpose of promoting Internet free-
dom. 
(D) A description of the evidence used by 
the Secretary of State to make the determina-
tions under subsection (a)(2). 
(2) FORM.—The information required by para-
graph (1)(C) may be provided in a classified form if 
necessary. 
(3) PUBLIC
AVAILABILITY.—All unclassified 
portions of the report shall be made publicly avail-
able on the Internet Web site of the Department of 
State. 
SEC. 105. REPORT ON TRADE-RELATED ISSUES OR DIS-
PUTES DUE TO GOVERNMENT CENSORSHIP 
OR DISRUPTION OF THE INTERNET. 
(a) REPORT.—Not later than 90 days after the date 
of the enactment of this Act, the United States Trade 
Representative, in consultation with the Secretary of State 
and the Secretary of Commerce, shall transmit to the ap-
propriate congressional committees a report on— 
(1) any trade-related issues or disputes that 
arise due to government censorship or disruption of 
the Internet among United States trade partners; 
and 
VerDate Mar 15 2010 
22:42 Feb 07, 2013
Jkt 029200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H491.IH
H491
srobinson on DSK4SPTVN1PROD with BILLS
(2) efforts by the United States Government to 
address the issues or disputes described in para-
graph (1) either bilaterally or multilaterally. 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that the United States should pursue trade policies 
that expand the information economy by— 
(1) ensuring the free flow of information across 
the entire global network; 
(2) promoting stronger international trans-
parency rules; and 
(3) ensuring fair and equal treatment of online 
services regardless of country of origin. 
TITLE 
II—CORPORATE 
TRANS-
PARENCY 
AND 
ACCOUNT-
ABILITY TO PROTECT ONLINE 
FREEDOM 
SEC. 201. DISCLOSURE OF HUMAN RIGHTS DUE DILIGENCE. 
(a) IN GENERAL.—Section 13 of the Securities Ex-
change Act of 1934 (15 U.S.C. 78m) is amended by add-
ing at the end the following: 
‘‘(s) DISCLOSURE OF HUMAN RIGHTS DUE DILI-
GENCE.— 
‘‘(1) DISCLOSURE.—Except as provided in 
paragraph (3), each Internet communications service 
company that operates in an Internet-restricting 
VerDate Mar 15 2010 
22:42 Feb 07, 2013
Jkt 029200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H491.IH
H491
srobinson on DSK4SPTVN1PROD with BILLS
country shall include in the annual report of the 
company information relating to the company, any 
subsidiary of the company, and any entity under the 
control of either of such companies, relating to the 
following: 
‘‘(A) HUMAN RIGHTS DUE DILIGENCE.— 
Company policies applicable to the company’s 
internal operations that address human rights 
due diligence through a statement of policy that 
is consistent with applicable provisions of the 
Guidelines for Multinational Enterprises issued 
by the Organization for Economic Co-operation 
and Development, and whether such policy— 
‘‘(i) is approved at the most senior 
level of the company; 
‘‘(ii) explicitly states the company’s 
expectations of personnel, business part-
ners, and other parties under the control 
of the company, products, or services; 
‘‘(iii) is publicly available and commu-
nicated internally and externally to all per-
sonnel, business partners, other relevant 
partners, customers, and users; 
VerDate Mar 15 2010 
22:42 Feb 07, 2013
Jkt 029200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6201
E:\BILLS\H491.IH
H491
srobinson on DSK4SPTVN1PROD with BILLS
‘‘(iv) is reflected in operational poli-
cies and procedures necessary to embed it 
throughout the company; and 
‘‘(v) is independently assessed by a 
third party to demonstrate compliance in 
practice, which should include— 
‘‘(I) whether the assessment was 
conducted under the supervision of 
any third party organization or multi- 
stakeholder initiative; 
‘‘(II) a description of the assess-
ment process; 
‘‘(III) a description of measures 
taken to ensure the assessor’s inde-
pendence; and 
‘‘(IV) inclusion of the assessor’s 
public report. 
‘‘(B) NON-COMPLIANCE.—If the company’s 
policy does not comply with any of the require-
ments of clauses (i) through (iv) of subpara-
graph (A), an explanation of why the company’s 
policy does not meet each such requirement. 
‘‘(C) POLICIES
PERTAINING
TO
DISCLO-
SURE OF PERSONALLY IDENTIFIABLE INFORMA-
TION.—If the company collects or obtains per-
VerDate Mar 15 2010 
22:42 Feb 07, 2013
Jkt 029200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6201
E:\BILLS\H491.IH
H491
srobinson on DSK4SPTVN1PROD with BILLS
sonally identifiable information, the contents of 
wire communications or electronic communica-
tions in electronic storage, or the contents of 
wire communications or electronic communica-
tions in a remote computing service on the 
Internet, a summary of any internal policies or 
procedures of the company that set out how the 
company will assess and respond to requests by 
the governments of Internet-restricting coun-
tries for disclosure of such personally identifi-
able information or communications. 
‘‘(D) RESTRICTIONS ON INTERNET SEARCH 
ENGINES
AND
INTERNET
CONTENT
HOSTING 
SERVICES.—If the company creates, provides, 
or hosts an Internet search engine or an Inter-
net content hosting service, all steps taken to 
provide users and customers with clear, promi-
nent, and timely notice when access to specific 
content has been removed or blocked at the re-
quest of an Internet-restricting country. 
‘‘(2) AVAILABILITY
OF
INFORMATION.—The 
Commission shall make all information reported by 
an issuer pursuant to this subsection available online 
to the public. 
‘‘(3) SAFE HARBOR.— 
VerDate Mar 15 2010 
22:42 Feb 07, 2013
Jkt 029200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6201
E:\BILLS\H491.IH
H491
srobinson on DSK4SPTVN1PROD with BILLS
‘‘(A) IN GENERAL.—An Internet commu-
nications service company that operates in an 
Internet-restricting country shall not be re-
quired to include in the annual report of the 
company information described in paragraph 
(1) if the company includes in the annual re-
port of the company a certification of the Glob-
al Network Initiative or a multi-stakeholder ini-
tiative described in subparagraph (B) that the 
company participates in good standing in the 
Global Network Initiative or the multi-stake-
holder initiative (as the case may be). 
‘‘(B) MULTI-STAKEHOLDER INITIATIVE.— 
A multi-stakeholder initiative referred to in sub-
paragraph (A) is an initiative that— 
‘‘(i) is composed of civil society orga-
nizations, including human rights organi-
zations and Internet communications serv-
ice companies; 
‘‘(ii) promotes the rule of law and the 
adoption of laws, policies, and practices 
that protect, respect, and fulfill freedom of 
expression and privacy; and 
‘‘(iii) requires each company partici-
pating in the initiative to undergo assess-
VerDate Mar 15 2010 
22:42 Feb 07, 2013
Jkt 029200
PO 00000
Frm 00021
Fmt 6652
Sfmt 6201
E:\BILLS\H491.IH
H491
srobinson on DSK4SPTVN1PROD with BILLS
ments by an independent third party de-
scribed in subparagraph (C) of the com-
pany’s compliance with the standards de-
scribed in clause (ii). 
‘‘(C) INDEPENDENT
THIRD
PARTY.—An 
independent third party referred to in subpara-
graph (B)(iii) is an entity accredited by the 
multi-stakeholder initiative to conduct assess-
ments based on criteria that include— 
‘‘(i) general expertise in legal and 
human rights standards; and 
‘‘(ii) specific expertise in global busi-
ness processes relating to information and 
communication technology, including oper-
ations, product development cycles, market 
segments and industry relationships, infor-
mation technology privacy, safety, and se-
curity standards, data retention systems, 
and database forensics. 
‘‘(4) DEFINITIONS.—In this subsection: 
‘‘(A) ELECTRONIC
COMMUNICATION
AND 
OTHER
TITLE
DEFINITIONS.—The terms 
‘electronic communication’, ‘electronic commu-
nication service’, ‘electronic storage’, ‘wire com-
munication’, and ‘contents’ have the meanings 
VerDate Mar 15 2010 
22:42 Feb 07, 2013
Jkt 029200
PO 00000
Frm 00022
Fmt 6652
Sfmt 6201
E:\BILLS\H491.IH
H491
srobinson on DSK4SPTVN1PROD with BILLS
given such terms in section 2510 of title 18, 
United States Code. 
‘‘(B) INTERNET.—The term ‘Internet’ has 
the meaning given the term in section 231(e)(3) 
of the Communications Act of 1934 (47 U.S.C. 
231(e)(3)). 
‘‘(C) INTERNET
COMMUNICATIONS
SERV-
ICE COMPANY.—The term ‘Internet communica-
tions service company’ means an issuer that— 
‘‘(i) is required to file an annual re-
port with the Commission; and 
‘‘(ii)(I) provides electronic commu-
nication services or remote computing serv-
ices, but does not include— 
‘‘(aa) businesses that provide 
such services as an ancillary service to 
the provision of lodging, transpor-
tation, or food services; or 
‘‘(bb) activities conducted by a fi-
nancial institution (as such term is 
defined in section 5312 of title 31, 
United States Code) that are financial 
in nature, even if such activities are 
conducted using the Internet; or 
VerDate Mar 15 2010 
22:42 Feb 07, 2013
Jkt 029200
PO 00000
Frm 00023
Fmt 6652
Sfmt 6201
E:\BILLS\H491.IH
H491
srobinson on DSK4SPTVN1PROD with BILLS
‘‘(II) is a domain name registrar, do-
main name registry, or other domain name 
registration authority. 
‘‘(D) INTERNET CONTENT HOSTING SERV-
ICE.—The term ‘Internet content hosting serv-
ice’ means a service that— 
‘‘(i) stores, through electromagnetic or 
other means, electronic data, such as the 
content of Web pages, electronic mail, doc-
uments, images, audio and video files, on-
line discussion boards, or Web logs; and 
‘‘(ii) makes such data available via the 
Internet. 
‘‘(E) INTERNET-RESTRICTING COUNTRY.— 
The term ‘Internet-restricting country’ has the 
meaning given such term under section 3 of the 
Global Online Freedom Act of 2013. 
‘‘(F) INTERNET
SEARCH
ENGINE.—The 
term ‘Internet search engine’ means a service 
made available via the Internet that, on the 
basis of a query consisting of terms, concepts, 
questions, or other data input by a user, 
searches information available on the Internet 
and returns to the user a link to or other 
means of locating, viewing, or downloading in-
VerDate Mar 15 2010 
22:42 Feb 07, 2013
Jkt 029200
PO 00000
Frm 00024
Fmt 6652
Sfmt 6201
E:\BILLS\H491.IH
H491
srobinson on DSK4SPTVN1PROD with BILLS
formation or data available on the Internet re-
lating to such query. 
‘‘(G) PERSONALLY IDENTIFIABLE INFOR-
MATION.—The term ‘personally identifiable in-
formation’ means data in a form that identifies 
a particular person. 
‘‘(H) REMOTE COMPUTING SERVICE.—The 
term ‘remote computing service’ has the mean-
ing given such term under section 2711(2) of 
title 18, United States Code.’’. 
(b) RULEMAKING.—Not later than the end of the 
270-day period beginning on the date of the enactment 
of this Act, the Securities and Exchange Commission shall 
issue final rules to carry out section 13(s) of the Securities 
and Exchange Act of 1934, as added by subsection (a). 
TITLE III—EXPORT CONTROLS 
ON CERTAIN TELECOMMUNI-
CATIONS EQUIPMENT 
SEC. 301. EXPORT CONTROLS ON CERTAIN TELECOMMUNI-
CATIONS EQUIPMENT. 
(a) IN GENERAL.—Section 6 of the Export Adminis-
tration Act of 1979 (50 U.S.C. App. 2405), as continued 
in effect under the International Emergency Economic 
Powers Act, is amended by adding at the end the fol-
lowing: 
VerDate Mar 15 2010 
22:42 Feb 07, 2013
Jkt 029200
PO 00000
Frm 00025
Fmt 6652
Sfmt 6201
E:\BILLS\H491.IH
H491
srobinson on DSK4SPTVN1PROD with BILLS