Internet Application I.D. Act

Bill: 118-s-3329
Sponsor: full_name: Sen. Cortez Masto, Catherine [D-NV]
Introduced: 2023-11-15
Policy area: Commerce
Latest action: action_date: 2023-11-15
text: Read twice and referred to the Committee on Commerce, Science, and Transportation.

Summaries:

tv_txt: II 118th CONGRESS 1st Session S. 3329 IN THE SENATE OF THE UNITED STATES November 15, 2023 Ms. Cortez Masto introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To require any person that maintains an internet website or that sells or distributes a mobile application that is owned, wholly or partially, by the Chinese Communist Party, by a Chinese state-owned-entity, or by a non-state-owned entity located in the People’s Republic of China, or that stores and maintains information collected from such website or application in China, to disclose that fact to any individual who downloads or otherwise uses such website or application.

1. Short title This Act may be cited as the Internet Application Integrity and Disclosure Act or the Internet Application I.D. Act . 2. Disclosure requirements relating to Chinese ownership, storage, and maintenance of information in China (a) Disclosure requirements Beginning 1 year after the date of enactment of this Act, any person who owns or controls an internet website or a mobile application shall clearly and conspicuously disclose to any individual who downloads or otherwise uses the covered service the following: (1) Whether the covered service is owned, wholly or partially, by the Chinese Communist Party, by a Chinese state-owned entity, or by a non-state-owned entity domiciled in the People’s Republic of China. (2) Whether information collected from the covered service is stored and maintained in the People’s Republic of China. (3) Whether the Chinese Communist Party or a Chinese state-owned entity has access to such information. (b) False information It shall be unlawful for any person to knowingly disclose false information under this section. (c) Definitions In this section: (1) Covered service defined The term covered service means an internet website or a mobile application that— (A) is owned, wholly or partially, by the Chinese Communist Party, by a Chinese state-owned entity, or by a non-state-owned entity domiciled in the People’s Republic of China; or (B) stores and maintains information collected from such website or application in the People's Republic of China. (2) Individual The term individual means a natural person residing in the United States. (3) Non-state owned entity located in the People’s Republic of China The term non-state owned entity located in the People’s Republic of China means an entity that is— (A) controlled (as such term is defined in section 800.208 of title 31, Code of Federal Regulations, or a successor regulation) by any governmental organization of the People’s Republic of China; or (B) organized under the laws of the People’s Republic of China. (4) People’s Republic of China The term People’s Republic of China has the meaning given the term China in section 142 of title 15, United States Code. 3. Enforcement (a) Unfair or deceptive acts or practices A violation of this Act is a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act ( 15 U.S.C. 57a(a)(1)(B) ). (b) Powers of the Federal Trade Commission (1) In general The Federal Trade Commission shall enforce this Act 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 Act. (2) Privileges and immunities Any person that violates this Act shall be subject to the penalties, and entitled to the privileges and immunities, provided in the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ). (3) Authority preserved Nothing in this Act shall be construed to limit the authority of the Federal Trade Commission under any other provision of law.