[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3631 Introduced in House (IH)]
108th CONGRESS
1st Session
H. R. 3631
To prohibit the collection, by interactive video-related service
providers, of personally identifiable information regarding the viewing
choices of subscribers to such services.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 21, 2003
Mr. Sherman introduced the following bill; which was referred to the
Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To prohibit the collection, by interactive video-related service
providers, of personally identifiable information regarding the viewing
choices of 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 ``Television Viewer Privacy Act of
2003''.
SEC. 2. PROTECTION OF PRIVACY OF USERS OF INTERACTIVE VIDEO-RELATED
SERVICES.
(a) In General.--An interactive video-related service provider may
not collect, maintain, or disclose any personal viewing information
regarding a subscriber to the service that is personally identifiable,
without the prior written or electronic consent of such subscriber,
except--
(1) to render, or conduct a legitimate business activity
related to, the service provided to the subscriber by such
provider, including billing for such service; or
(2) as provided in subsection (c) or (d).
(b) Requirements for Consent.--Consent shall not be considered to
be made by a subscriber, for purposes of this subsection, unless prior
to the writing or electronic communication granting the consent, the
subscriber is provided a separate statement that clearly and
conspicuously informs the subscriber of--
(1) the nature of personally identifiable information
collected or to be collected with respect to the subscriber and
the nature and use of such information;
(2) the nature, frequency, and purpose of any disclosure
that may be made of such information, including an
identification of the types of persons to whom the disclosure
may be made;
(3) the period during which such information will be
maintained by the interactive video-related service provider;
(4) the limitations provided by this section with respect
to the collection, maintenance, and disclosure of information
by an interactive video-related service provider and the
methods under subsections (f) and (g) by which such limitations
may be enforced.
If, after a statement referred to in the preceding sentence is provided
to a subscriber, there is any change with respect to any of the
information described in paragraphs (1) through (5), such statement
shall not be sufficient for purposes of this subsection.
(c) Disclosure Pursuant to Court Order.--An interactive video-
related service provider may disclose such personally identifiable
personal viewing information, to the extent necessary to comply with a
court order authorizing such disclosure to a governmental entity, but
only if--
(1) the subscriber is notified of such order by the person
to whom the order is directed; and
(2) in the proceeding relevant to such court order--
(A) such entity offers clear and convincing
evidence that the subject of the information is
reasonably suspected of engaging in criminal activity
and that the information disclosed would be material
evidence in the case; and
(B) the subject of the information is afforded the
opportunity to appear and contest such entity's claim.
(d) Right of Subscriber to Access Information.--If personally
identifiable viewing information regarding a subscriber to a service
provided by an interactive video-related service provider is collected,
the subscriber shall have access to such information for as long as
such information is maintained.
(e) Destruction of Information.--An interactive video-related
service provider shall destroy any personally identifiable personal
viewing information that is collected by the service as soon as such
information is no longer necessary for the purpose for which it was
collected or maintained pursuant to subsection (a) and there are no
pending requests or orders for access to such information under
subsection (d) or pursuant to a court order.
(f) FTC Enforcement.--
(1) Unfair or deceptive act.--This section shall be
enforced by the Federal Trade Commission as if the violation of
this section were an unfair or deceptive act or practice
proscribed under section 18(a)(1)(B) of the Federal Trade
Commission Act (15 U.S.C. 57a(a)(1)(B)).
(2) Actions by ftc.--The Federal Trade Commission shall
prevent any person from violating this section 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 section.
Any entity that violates any provision of this section is
subject to the penalties and entitled to the privileges and
immunities provided in the Federal Trade Commission Act in the
same manner, by the same means, and with the same jurisdiction,
power, and duties as though all applicable terms and provisions
of the Federal Trade Commission Act were incorporated into and
made a part of this section.
(3) Jurisdiction.--Notwithstanding section 5(a)(2) of the
Federal Trade Commission Act (15 U.S.C. 45(a)(2)),
communications common carriers shall be subject to the
jurisdiction of the Federal Trade Commission for purposes of
this section.
(g) Enforcement by States.--
(1) In general.--In any case in which the attorney general
of a State has reason to believe that an interest of the
residents of that State has been or is threatened or adversely
affected by any interactive video-related service provider who
violates this section, the State may bring a civil action in a
United States district court--
(A) to enjoin further violation of this section by
the defendant; or
(B) to obtain damages on behalf of residents of the
State, as provided in paragraph (2).
(2) Damages, fees, and costs.--In an action under paragraph
(1)(B), the court may award--
(A) actual damages, but not less than liquidated
damages computed at the rate of $100 a day for each day
of violation or $1,000, whichever is higher;
(B) punitive damages; and
(C) reasonable attorneys' fees and other litigation
costs reasonably incurred.
(h) Other Remedies.--The remedies provided by this Act shall be in
addition to any other lawful remedy available to a subscriber to an
interactive video-related service.
(i) Definitions.--For purposes of this section, the following
definitions shall apply:
(1) Interactive video-related services provider.--
(A) In general.--Except as provided in subparagraph
(B), the term ``interactive video-related services
provider'' means any person who has access to personal
viewing information through--
(i) the provision of video programming (as
such term is defined in section 602 of the
Communications Act of 1934 (47 U.S.C. 522);
(ii) services for recording of video
programming;
(iii) navigation devices, computer
software, or information;
(iv) converter boxes;
(v) interactive communications equipment;
or
(vi) other equipment that is used by
consumers to access multichannel video
programming or other services offered through a
service providing multichannel video
programming.
(B) Exception.--Such term shall not include any
cable operator (as such term is defined in section 602
of the Communications Act of 1934.
(2) Legitimate business activity.--The term ``legitimate
business activity'' means, with respect to an interactive
video-related service provider, any interaction between a
consumer and the provider that is necessary to maintain the
providing of a good or service requested by the consumer,
including approving, guaranteeing, processing, administering,
completing, enforcing, providing, or marketing a product,
service, account, benefit, transaction, or payment method that
is requested or approved by the consumer.
(3) Personal viewing information.--The term ``personal
viewing information'' means, with respect to multichannel video
programming provided to a person, information regarding the
video programming that the person views, displays, or records.
(4) Personally identifiable information.--The term
``personally identifiable information'' does not include any
record of aggregate data that does not identify particular
persons.
(5) Video programming.--The term ``video programming'' has
the meaning given such term in section 602 of the
Communications Act of 1934.
(j) Preemption of State Laws.--This section supercedes any statute,
regulation, or rule of a State or political subdivision of a State that
expressly regulates the collection, maintenance, or disclosure of
personal viewing information, regarding multichannel video programming,
that is personally identifiable.
<all>