[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 82 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                 H. R. 82

To regulate the use by interactive computer services of Social Security 
    account numbers and related personally identifiable information.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 4, 2005

Mr. Frelinghuysen introduced the following bill; which was referred to 
                  the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
To regulate the use by interactive computer services of Social Security 
    account numbers and related personally identifiable information.

    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 ``Social Security On-line Privacy 
Protection Act''.

SEC. 2. REGULATION OF USE BY AN INTERACTIVE COMPUTER SERVICE OF SOCIAL 
              SECURITY ACCOUNT NUMBERS AND RELATED PERSONALLY 
              IDENTIFIABLE INFORMATION.

    (a) Disclosure of Social Security Account Number or Related 
Personally Identifiable Information Without Consent Prohibited.--An 
interactive computer service shall not, by means of a reference service 
or otherwise, disclose to a third party without an individual's prior 
informed written consent--
            (1) such individual's Social Security account number, or
            (2) personally identifiable information which is 
        identifiable to such individual by means of the individual's 
        Social Security account number.
    (b) Revocation of Consent.--Such service shall permit an individual 
to revoke any consent granted pursuant to subsection (a) at any time, 
and upon such revocation, such service shall cease disclosing such 
number or information to a third party.

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) Enforcement.--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 and shall be subject to liability for 
violations of such order as provided in such section 5. Any such 
service which engages in an act or practice prohibited by this Act with 
actual knowledge, or knowledge fairly implied on the basis of objective 
circumstances, that such act or practice is so prohibited shall also be 
liable for civil penalties under section 5(m)(1) of such Act as if such 
service were in violation of such section 5.

SEC. 4. DEFINITIONS.

     As used in this Act--
            (1) Interactive computer service.--The term ``interactive 
        computer service'' means any information service that provides 
        computer access to multiple users via modem or other means of 
        telecommunication to the Internet or any other on-line network.
            (2) Internet.--The term ``Internet'' means the 
        international computer network of both Federal and non-Federal 
        interoperable packet switched data networks.
            (3) Social security account number.--The term ``Social 
        Security account number'' of an individual means the number 
        assigned to such individual under section 205(c)(2)(B) of the 
        Social Security Act (and any derivative of such number).
            (4) Personally identifiable information.--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).
            (5) Informed written consent.--The term ``informed written 
        consent'' of an individual means a statement--
                    (A) in writing and freely signed by the individual;
                    (B) consenting to the disclosures such service will 
                make of the information provided; and
                    (C) describing the rights of the individual under 
                this Act.
            (6) Third party.--The term ``third party'' means, with 
        respect to the disclosure thereto of an individual's Social 
        Security account number or any personally identifiable 
        information in connection with such individual, a person or 
        other entity other than--
                    (A) such service;
                    (B) an employee of such service; or
                    (C) the individual.
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