Internet Consumer Information Protection Act - Prohibits, with limited exceptions, an interactive computer service from disclosing to a third party any personally identifiable information provided by a subscriber without such subscriber's consent.
Prohibits such service or its employee from knowingly disclosing to a third party any personally identifiable information provided by a subscriber that such service has knowingly falsified.
Requires, at a subscriber's request, such service to: (1) provide the subscriber's personally identifiable information maintained by the service; and (2) permit the subscriber to verify and correct such information. Prohibits the service from charging a fee for such information.
Grants the Federal Trade Commission the authority to: (1) investigate whether a service has been or is engaged in any act or practice prohibited by this Act; and (2) if so, issue a cease and desist order if such service were in violation of specified provisions of the Federal Trade Commission Act.
Allows a subscriber aggrieved by a violation of this Act to obtain appropriate relief in a civil action.
[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2882 Introduced in House (IH)]
106th CONGRESS
1st Session
H. R. 2882
To regulate the use by interactive computer services of personally
identifiable information provided by subscribers to such services.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 15, 1999
Mr. Vento introduced the following bill; which was referred to the
Committee on Commerce
_______________________________________________________________________
A BILL
To regulate the use by interactive computer services of personally
identifiable information provided by subscribers to such services.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; FINDINGS.
(a) Short Title.--This Act may be cited as the ``Internet Consumer
Information Protection Act''.
(b) Findings.--The Congress finds the following:
(1) Internet technology is evolving and increasingly used
as a medium for interaction between consumers and businesses.
(2) An expanding share of transactions taking place on-line
has lead to greater consumer choice but also public concern
regarding the use of personal information and personal privacy.
(3) Use of data garnered via the Internet must be
regulated, keeping in mind the unique nature of this medium, in
a way which allows consumers to make informed choices and does
not impede normal business activity.
SEC. 2. REGULATION OF USE BY AN INTERACTIVE COMPUTER SERVICE OF A
SUBSCRIBER'S PERSONALLY IDENTIFIABLE INFORMATION.
(a) Privacy Policy.--It is the policy of the Congress that each
interactive computer service has an affirmative and continuing
obligation to respect the privacy of its customers and to protect the
security and confidentiality of those customers' nonpublic personal
information that is shared or encountered in service and transactions
with consumers.
(b) Disclosure of Personally Identifiable Information Without
Consent Prohibited.--
(1) In general.--An interactive computer service shall not
disclose to a third party any personally identifiable
information provided by a subscriber to such service unless--
(A) such service has provided to the subscriber a
notice that complies with paragraph (2);
(B) such service clearly and conspicuously
discloses to the subscriber, in writing or in
electronic form, that such information may be disclosed
to such third parties;
(C) the subsciber is given the opportunity, before
the time that such information is initially disclosed,
to direct that such information not be disclosed to
such third parties; and
(D) the subsciber is given an explanation of how
the subsciber can exercise that nondisclosure option.
(2) Notice.--The notice required by paragraph (1)(A) shall
include the policy and practices of the interactive computer
service with respect to disclosing nonpublic personal
information to third parties.
(3) Exception.--This subsection shall not prohibit an
interactive computer service from providing personally
identifiable information to a third party for the performance
of services or functions of the interactive computer service,
other than for marketing purposes.
(c) Knowing Disclosure of Falsified Personally Identifiable
Information Prohibited.--An interactive computer service or an employee
of such service shall not knowingly disclose to a third party any
personally identifiable information provided by a subscriber to such
service that such service, or such employee, has knowingly falsified.
(d) Subscriber Access to Personally Identifiable Information.--
(1) In general.--At a subscriber's request, an interactive
computer service shall--
(A) provide the subscriber's personally
identifiable information maintained by the service to
the subscriber;
(B) permit the subscriber to verify such
information maintained by the service; and
(C) permit the subscriber to correct any error in
such information.
(2) Fee.--The service shall not charge a fee to the
subscriber for making available the information under this
subsection.
SEC. 3. ENFORCEMENT AND RELIEF.
(a) Federal Trade Commission.--The Federal Trade Commission shall
have the authority--
(1) to establish personal data guidelines that may be
employed by entities to comply with the provisions of this act;
and
(2) to examine and investigate an interactive computer
service to determine whether such service has been or is
engaged in any act or practice prohibited by this Act.
(b) Relief.--
(1) Cease and desist order.--If the Federal Trade
Commission 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.
(2) Civil action.--A subscriber aggrieved by a violation of
section 2 may in a civil action obtain appropriate relief.
SEC. 4. RIGHTS AND REMEDIES NOT EXCLUSIVE.
The rights and remedies provided by this Act are in addition to,
and not in lieu of, any and all other rights and remedies that may be
available under Federal or State law.
SEC. 5. DEFINITIONS.
As used in this Act--
(1) the term ``interactive computer service'' means any
information service that provides computer access to multiple
users via modem to the Internet;
(2) the term ``Internet'' means the international computer
network of both Federal and non-Federal interoperable packet
switched data networks;
(3) the term ``personally identifiable information'' has
the meaning given such term in section 631 of the
Communications Act of 1934 (47 U.S.C. 551);
(4) the term ``third party'' means, with respect to the
disclosure of personally identifiable information provided by a
subscriber to an interactive computer service, a person or
other entity other than--
(A) such service;
(B) an employee of such service;
(C) an affiliate of such service; or
(D) that subscriber to such service.
(5) the term ``affiliate'' means any company that controls,
is controlled by, or is under common control with another
company.
<all>
Introduced in House
Introduced in House
Sponsor introductory remarks on measure. (CR E1878-1879)
Referred to the House Committee on Commerce.
Referred to the Subcommittee on Telecommunications, Trade, and Consumer Protection.
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