Consumer Internet Privacy Protection Act of 1999 - Prohibits an interactive computer service from disclosing to a third party any personally identifiable information provided by a subscriber without the subscriber's informed written consent. Permits the subscriber to revoke such consent at any time and requires the service to cease disclosing such information.
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 such individual with his or her personally identifiable information maintained by the service; (2) permit the subscriber to verify and to correct such information; and (3) provide to the subscriber the identity of the third party recipients of such information.
Prohibits the service from charging a fee to the subscriber for making such information available.
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 as 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 Printing Office]
[H.R. 313 Introduced in House (IH)]
106th CONGRESS
1st Session
H. R. 313
To regulate the use by interactive computer services of personally
identifiable information provided by subscribers to such services.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 6, 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.
This Act may be cited as the ``Consumer Internet Privacy Protection
Act of 1999''.
SEC. 2. REGULATION OF USE BY AN INTERACTIVE COMPUTER SERVICE OF A
SUBSCRIBER'S PERSONALLY IDENTIFIABLE INFORMATION.
(a) 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 without
the subscriber's prior informed written consent.
(2) Revocation of consent.--Such service shall permit a
subscriber to revoke the consent granted under paragraph (1) at
any time, and upon such revocation, such service shall cease
disclosing such information to a third party.
(b) 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.
(c) 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) Access to identity of recipients of information.--At a
subscriber's request, the service shall provide to the
subscriber the identity of the third party recipients of the
subscriber's personally identifiable information.
(3) 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 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. 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 ``informed written consent'' means a
statement--
(A) in writing and freely signed by a subscriber;
(B) consenting to the disclosures such service will
make of the information provided; and
(C) describing the rights of the subscriber under
this Act; and
(5) 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; or
(C) that subscriber to such service.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Commerce.
Referred to the Subcommittee on Telecommunications, Trade, and Consumer Protection.
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