[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 98 Introduced in House (IH)]







                                    


105th CONGRESS
  1st Session
                                 H. R. 98

  To regulate the use by interactive computer services of personally 
   identifiable information provided by subscribers to such services.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 7, 1997

  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 1997''.

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.
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