[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 275 Reported in House (RH)]






                                                 Union Calendar No. 320
110th CONGRESS
  2d Session
                                H. R. 275

                      [Report No. 110-481, Part I]

  To promote freedom of expression on the Internet, to protect United 
    States businesses from coercion to participate in repression by 
       authoritarian foreign governments, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 5, 2007

   Mr. Smith of New Jersey (for himself and Mr. Wolf) introduced the 
following bill; which was referred to the Committee on Foreign Affairs, 
 and in addition to the Committee on Energy and Commerce, for a period 
    to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

                           December 10, 2007

    Reported from the Committee on Foreign Affairs with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

                           December 10, 2007

  Referral to Committee on Energy and Commerce extended for a period 
                 ending not later than January 16, 2008

                            January 15, 2008

  Referral to Committee on Energy and Commerce extended for a period 
                 ending not later than February 1, 2008

                            January 16, 2008

  Referred to the Committee on the Judiciary for a period ending not 
later than February 1, 2008 for consideration of such provisions of the 
 bill and amendment as fall within the jurisdiction of that committee 
                    pursuant to clause 1(k), rule X

                            February 1, 2008

Referral to the Committee on the Judiciary extended for a period ending 
                    not later than February 8, 2008

                            February 1, 2008

Referral to the Committee on Energy and Commerce extended for a period 
                ending not later than February 22, 2008

                            February 8, 2008

Referral to the Committee on the Judiciary extended for a period ending 
                    not later than February 22, 2008

                           February 22, 2008

 Additional sponsors: Mr. McCotter, Mr. Rohrabacher, Mr. Ryan of Ohio, 
       Mr. Lantos, Mr. Wu, Mr. Burton of Indiana, and Mr. Sherman

                           February 22, 2008

    Committees on Energy and Commerce and the Judiciary discharged; 
committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed
[For text of introduced bill, see copy of bill as introduced on January 
                                5, 2007]

_______________________________________________________________________

                                 A BILL


 
  To promote freedom of expression on the Internet, to protect United 
    States businesses from coercion to participate in repression by 
       authoritarian foreign governments, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Global Online 
Freedom Act of 2007''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
Sec. 4. Severability.

             TITLE I--PROMOTION OF GLOBAL INTERNET FREEDOM

Sec. 101. Statement of policy.
Sec. 102. Sense of Congress.
Sec. 103. Annual country reports on human rights practices.
Sec. 104. Office of Global Internet Freedom.
Sec. 105. Annual designation of Internet-restricting countries; report.

        TITLE II--MINIMUM CORPORATE STANDARDS FOR ONLINE FREEDOM

Sec. 201. Protection of personally identifiable information.
Sec. 202. Integrity of personally identifiable information.
Sec. 203. Transparency regarding search engine filtering.
Sec. 204. Transparency regarding Internet censorship.
Sec. 205. Protection of United States-supported online content.
Sec. 206. Penalties.
Sec. 207. Presidential waiver.

     TITLE III--EXPORT CONTROLS FOR INTERNET-RESTRICTING COUNTRIES

Sec. 301. Feasibility study on establishment of export controls.
Sec. 302. Report.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) Freedom of speech and freedom of the press are 
        fundamental human rights, and free flow of information on the 
        Internet is protected in Article 19 of the Universal 
        Declaration of Human Rights, which guarantees freedom to 
        ``receive and impart information and ideas through any media 
        regardless of frontiers''.
            (2) The Internet has been a success because it quickly 
        provides information to its more than one billion users 
        globally.
            (3) The growth of the Internet and other information 
        technologies can be a force for democratic change if the 
        information is not subject to political censorship.
            (4) The Internet has played a role in bringing 
        international attention to issues the discussion of which are 
        forbidden by authoritarian foreign governments, such as 
        attempts by the Government of the People's Republic of China to 
        suppress news of the severe acute respiratory syndrome (SARS) 
        outbreak in 2004.
            (5) Authoritarian foreign governments such as the 
        Governments of Belarus, Cuba, Ethiopia, Iran, Laos, North 
        Korea, the People's Republic of China, Tunisia, and Vietnam, 
        among others, block, restrict, and monitor the information 
        their citizens try to obtain.
            (6) Web sites that provide uncensored news and information, 
        such as the Web sites of the Voice of America and Radio Free 
        Asia, are routinely blocked in such countries.
            (7) In June 2003, the Government of the Socialist Republic 
        of Vietnam arrested, convicted of ``spying'', and sentenced to 
        13 years imprisonment and 3 years house arrest (later reduced 
        on appeal to 5 years imprisonment and 3 years house arrest) Dr. 
        Pham Hong Son after he translated an Internet article titled 
        ``What is Democracy'' from the Web site of the United States 
        Embassy in Vietnam.
            (8) According to the Department of State's Country Reports 
        on Human Rights Practices, the Government of Vietnam in 2004 
        tightened control of the Internet, requiring Internet agents, 
        such as ``cyber cafes'', to register the personal information 
        of their customers and store records of Internet sites visited 
        by customers. The Vietnamese Government also monitored 
        electronic mail, searched for sensitive key words, and 
        regulated Internet content.
            (9) The Government of the People's Republic of China has 
        employed censorship of the Internet in violation of Article 35 
        of the Chinese Constitution, which guarantees freedom of speech 
        and freedom of the press.
            (10) This censorship by the Chinese Government allows that 
        Government to promote a xenophobic--and at times particularly 
        anti-American--Chinese nationalism, the long-term effect of 
        which will be deleterious to United States efforts to improve 
        the relationship between the United States and China.
            (11) Technology companies in the United States that operate 
        in countries controlled by authoritarian foreign governments 
        have a moral responsibility to comply with the principles of 
        the Universal Declaration of Human Rights.
            (12) Technology companies in the United States have 
        succumbed to pressure by authoritarian foreign governments to 
        provide such governments with information about Internet users 
        that has led to the arrest and imprisonment of ``cyber 
        dissidents'', in violation of the corporate responsibility of 
        such companies to protect and uphold human rights.
            (13) Technology companies in the United States have 
        provided technology and training to authoritarian foreign 
        governments which have been used by such governments in 
        filtering and blocking information that promotes democracy and 
        freedom.
            (14) Technology companies in the United States should 
        develop standards by which they can conduct business with 
        authoritarian foreign governments while protecting human rights 
        to freedom of speech and freedom of expression.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Appropriate congressional committees.--Except as 
        otherwise provided in this Act, the term ``appropriate 
        congressional committees'' means--
                    (A) the Committee on Foreign Affairs of the House 
                of Representatives; and
                    (B) the Committee on Foreign Relations of the 
                Senate.
            (2) Foreign official.--
                    (A) In general.--The term ``foreign official'' 
                means--
                            (i) any officer or employee of a foreign 
                        government or any department, agency, state-
                        owned enterprise, or instrumentality thereof; 
                        or
                            (ii) any person acting in an official 
                        capacity for or on behalf of any such 
                        government or department, agency, state-owned 
                        enterprise, or instrumentality.
                    (B) State-owned enterprise.--For purposes of 
                subparagraph (A), the term ``state-owned enterprise'' 
                means a commercial entity in which a foreign government 
                owns, directly or indirectly, more than 50 percent of 
                the outstanding capital stock or other beneficial 
                interest in such commercial entity.
            (3) Internet.--The term ``Internet'' means the combination 
        of computer facilities, telecommunications facilities, 
        electromagnetic transmission media, and related equipment and 
        software, comprising the interconnected worldwide network of 
        computer networks that employ the Transmission Control 
        Protocol/Internet Protocol or any successor protocol to 
        transmit information.
            (4) Internet content hosting service.--The terms ``Internet 
        content hosting service'' and ``content hosting service'' mean 
        a service that--
                    (A) stores, through electromagnetic or other means, 
                electronic data, including the content of Web pages, 
                electronic mail, documents, images, audio and video 
                files, online discussion boards, and Web logs; and
                    (B) makes such data available via the Internet.
            (5) Internet jamming.--The term ``Internet jamming'' means 
        jamming, censoring, blocking, monitoring, or restricting access 
        to the Internet, or to content made available via the Internet, 
        by using technologies such as firewalls, filters, and ``black 
        boxes''.
            (6) Internet-restricting country.--The term ``Internet-
        restricting country'' means a country designated by the 
        President pursuant to section 105(a) of this Act.
            (7) Internet search engine.--The term ``Internet search 
        engine'' or ``search engine'' means a service made available 
        via the Internet that, on the basis of query consisting of 
        terms, concepts, questions, or other data input by a user, 
        searches information available on the Internet and returns to 
        the user a means, such as a hyperlinked list of Uniform 
        Resource Identifiers, of locating, viewing, or downloading 
        information or data available on the Internet relating to that 
        query.
            (8) Legitimate foreign law enforcement purposes.--
                    (A) In general.--The term ``legitimate foreign law 
                enforcement purposes'' means for purposes of 
                enforcement, investigation, or prosecution by a foreign 
                official based on a publicly promulgated law of 
                reasonable specificity that proximately relates to the 
                protection or promotion of the health, safety, or 
                morals of the citizens of that jurisdiction.
                    (B) Rule of construction.--For purposes of this 
                Act, the control, suppression, or punishment of 
                peaceful expression of political or religious opinion, 
                which is protected by Article 19 of the International 
                Covenant on Civil and Political Rights, does not 
                constitute a legitimate foreign law enforcement 
                purpose.
            (9) Personally identifiable information.--The term 
        ``personally identifiable information''--
                    (A) includes any information described in section 
                2703(c)(2) of title 18, United States Code; and
                    (B) does not include--
                            (i) any traffic data (as such term is 
                        defined in section 201(b) of this Act); or
                            (ii) any record of aggregate data that does 
                        not identify particular persons.
            (10) Substantial restrictions on internet freedom.--The 
        term ``substantial restrictions on Internet freedom'' means 
        actions that restrict or punish the free availability of 
        information via the Internet for reasons other than legitimate 
        foreign law enforcement purposes, including--
                    (A) deliberately blocking, filtering, or censoring 
                information available via the Internet based on its 
                peaceful political or religious content; or
                    (B) persecuting, prosecuting, or otherwise 
                punishing an individual or group for posting or 
                transmitting peaceful political or religious opinions 
                via the Internet, including by electronic mail.
            (11) United states business.--The term ``United States 
        business'' means--
                    (A) any corporation, partnership, association, 
                joint-stock company, business trust, unincorporated 
                organization, or sole proprietorship that--
                            (i) has its principal place of business in 
                        the United States; or
                            (ii) is organized under the laws of a State 
                        of the United States or a territory, 
                        possession, or commonwealth of the United 
                        States;
                    (B) any issuer of a security registered pursuant to 
                section 12 of the Securities Exchange Act of 1934 (15 
                U.S.C. 78l); and
                    (C) any foreign subsidiary of an entity described 
                in subparagraph (A) or (B) to the extent such entity--
                            (i) controls the voting shares or other 
                        equities of the foreign subsidiary; or
                            (ii) authorizes, directs, controls, or 
                        participates in acts carried out by the foreign 
                        subsidiary that are prohibited by this Act.
            (12) United states-supported content.--The term ``United 
        States-supported content'' means content that is created or 
        developed, in whole or in part, by a United States-supported 
        information entity.
            (13) United states-supported information entity.--The term 
        ``United States-supported information entity'' means--
                    (A) any authority of the Government of the United 
                States; and
                    (B) any entity that--
                            (i) receives grants from the Broadcasting 
                        Board of Governors to carry out international 
                        broadcasting activities in accordance with the 
                        United States International Broadcasting Act of 
                        1994 (title III of Public Law 103-236; 22 
                        U.S.C. 6201 et seq.);
                            (ii) exists within the Broadcasting Board 
                        of Governors and carries out nonmilitary 
                        international broadcasting activities supported 
                        by the Government of the United States in 
                        accordance with such Act; or
                            (iii) receives grants or other similar 
                        funding from the Government of the United 
                        States to carry out any information 
                        dissemination activities.
            (14) United states-supported web site.--The term ``United 
        States-supported Web site'' means a location on the World Wide 
        Web that is owned or managed by, or is registered to, a United 
        States-supported information entity.

SEC. 4. SEVERABILITY.

    If any provision of this Act, or the application of such provision 
to any person or circumstance, is held invalid, the remainder of this 
Act, and the application of such provision to other persons not 
similarly situated or to other circumstances, shall not be affected by 
such invalidation.

             TITLE I--PROMOTION OF GLOBAL INTERNET FREEDOM

SEC. 101. STATEMENT OF POLICY.

    It shall be the policy of the United States--
            (1) to promote as a fundamental component of United States 
        foreign policy the right of every individual to freedom of 
        opinion and expression, including the right to hold opinions 
        without interference and to seek, receive, and impart 
        information and ideas through any media and regardless of 
        frontiers;
            (2) to use all appropriate instruments of United States 
        influence, including diplomacy, trade policy, and export 
        controls, to support, promote, and strengthen principles, 
        practices, and values that promote the free flow of 
        information, including through the Internet and other 
        electronic media; and
            (3) to deter any United States business from cooperating 
        with officials of Internet-restricting countries in effecting 
        the political censorship of online content.

SEC. 102. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) the President should through bilateral, and where 
        appropriate, multilateral activities, seek to obtain the 
        agreement of other countries to promote the goals and 
        objectives of this Act and to protect Internet freedom; and
            (2) to the extent that a United States business empowers or 
        assists an authoritarian foreign government in its efforts to 
        restrict online access to the Web sites of Radio Free Asia, the 
        Voice of America, or other United States-supported Web sites 
        and online access to United States Government reports such as 
        the Annual Country Reports on Human Rights Practices, the 
        Annual Reports on International Religious Freedom, and the 
        Annual Trafficking in Human Persons Reports, or to identify 
        individual Internet users, that business is working contrary to 
        the foreign policy interests of the United States, and is 
        undercutting United States taxpayer-funded efforts to promote 
        freedom of information for all people, including those in 
        undemocratic and repressive societies.

SEC. 103. ANNUAL COUNTRY REPORTS ON HUMAN RIGHTS PRACTICES.

    (a) Report Relating to Economic Assistance.--Section 116 of the 
Foreign Assistance Act of 1961 (22 U.S.C. 2151n) is amended by adding 
at the end the following new subsection:
    ``(g)(1) The report required by subsection (d) shall include an 
assessment of the freedom of electronic information in each foreign 
country. Such assessment shall include the following:
                    ``(A) An assessment of the general extent to which 
                Internet access is available to and used by citizens in 
                that country.
                    ``(B) An assessment of the extent to which 
                government authorities in that country attempt to 
                filter, censor, or otherwise block Internet content, as 
                well as a description of the means by which they 
                attempt to block such content.
                    ``(C) A description of known instances in which 
                government authorities in that country have persecuted, 
                prosecuted, or otherwise punished a person or group for 
                the peaceful expression of political, religious, or 
                dissenting views via the Internet, including electronic 
                mail.
                    ``(D) A description of known instances in which 
                government authorities in that country have sought to 
                collect, request, obtain or disclose the personally 
                identifiable information of a person in connection with 
                that person's communication of ideas, facts or views 
                where such communication would be protected by the 
                International Covenant on Civil and Political Rights.
            ``(2) In compiling data and making assessments for the 
        purposes of paragraph (1), United States diplomatic mission 
        personnel shall consult with human rights organizations, 
        technology and internet companies and other appropriate 
        nongovernmental organizations.''.
    (b) Report Relating to Security Assistance.--Section 502B of the 
Foreign Assistance Act of 1961 (22 U.S.C. 2304) is amended by adding at 
the end the following new subsection:
    ``(i)(1) The report required by subsection (b) shall include an 
assessment of the freedom of electronic information in each foreign 
country. Such assessment shall include the following:
                    ``(A) An assessment of the general extent to which 
                Internet access is available to and used by citizens in 
                that country.
                    ``(B) An assessment of the extent to which 
                government authorities in that country attempt to 
                filter, censor, or otherwise block Internet content, as 
                well as a description of the means by which they 
                attempt to block such content.
                    ``(C) A description of known instances in which 
                government authorities in that country have persecuted, 
                prosecuted, or otherwise punished a person or group for 
                the peaceful expression of political, religious, or 
                dissenting views via the Internet, including electronic 
                mail.
                    ``(D) A description of known instances in which 
                government authorities in that country have sought to 
                collect, request, obtain or disclose the personally 
                identifiable information of a person in connection with 
                that person's communication of ideas, facts or views 
                where such communication would be protected by the 
                International Covenant on Civil and Political Rights.
            ``(2) In compiling data and making assessments for the 
        purposes of paragraph (1), United States diplomatic mission 
        personnel shall consult with human rights organizations, 
        technology and internet companies, and other appropriate 
        nongovernmental organizations.''.

SEC. 104. OFFICE OF GLOBAL INTERNET FREEDOM.

    (a) Establishment.--There is established in the Department of State 
the Office of Global Internet Freedom (in this section referred to as 
the ``Office'').
    (b) Duties.--In addition to such other responsibilities as the 
President may assign, the Office shall--
            (1) serve as the focal point for interagency efforts to 
        protect and promote freedom of electronic information abroad;
            (2) develop and ensure the implementation of a global 
        strategy and programs to combat state-sponsored and state-
        directed Internet jamming by authoritarian foreign governments, 
        and the intimidation and persecution by such governments of 
        their citizens who use the Internet;
            (3) provide assistance to the President in connection with 
        the annual designation of Internet-restricting countries 
        required by section 105(a) of this Act;
            (4) beginning not later than 180 days after the date of the 
        enactment of this Act--
                    (A) identify key words, terms, and phrases relating 
                to human rights, democracy, religious free exercise, 
                and peaceful political dissent, both in general and as 
                specifically related to the particular context and 
                circumstances of each Internet-restricting country; and
                    (B) maintain, update, and make publicly available 
                on a regular basis the key words, terms, and phrases 
                identified pursuant to subparagraph (A);
            (5) establish mechanisms to collect the information 
        required to be reported by sections 116(g) and 502B(i) of the 
        Foreign Assistance Act of 1961 (as added by section 103 of this 
        Act) and sections 203 and 204 of this Act;
            (6) establish a regularized consultative process with 
        appropriate technology companies involved in providing, 
        maintaining, or servicing the Internet, human rights 
        organizations, academic experts, and others to develop a 
        voluntary code of minimum corporate standards related to 
        Internet freedom, and to consult with such companies, 
        organizations, experts, and others regarding new technologies 
        and the implementation of appropriate policies relating to such 
        technologies; and
            (7) advise the appropriate congressional committees of 
        legislative action that may be necessary to keep the provisions 
        of this Act and the amendments made by this Act relevant to 
        changing technologies.
    (c) Cooperation of Other Federal Departments and Agencies.--Each 
department and agency of the Government of the United States, including 
the Department of Commerce, the Office of the United States Trade 
Representative, the Department of Justice, the International 
Broadcasting Bureau, and the Office of the Director of National 
Intelligence, shall--
            (1) cooperate fully with, and assist in the implementation 
        of, the duties of the Office described in subsection (b), 
        including the strategy developed by the Office pursuant to 
        paragraph (2) of subsection (b); and
            (2) make such resources and information available to the 
        Office on a nonreimbursable basis as is necessary to achieve 
        the purposes of this Act and the amendments made by this Act.
    (d) Definition.--In this section, the term ``appropriate 
congressional committees'' means--
            (1) the Committee on Foreign Affairs and the Committee on 
        Energy and Commerce of the House of Representatives; and
            (2) the Committee on Foreign Relations and the Committee on 
        Commerce, Science, and Transportation of the Senate.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated to the Office to carry out this section $50,000,000 for 
each of the fiscal years 2008 and 2009.

SEC. 105. ANNUAL DESIGNATION OF INTERNET-RESTRICTING COUNTRIES; REPORT.

    (a) Designation.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act, and annually thereafter, the 
        President shall designate Internet-restricting countries for 
        purposes of this Act.
            (2) Standard.--A foreign country shall be designated as an 
        Internet-restricting country if the President determines that 
        the government of the country is directly or indirectly 
        responsible for a systematic pattern of substantial 
        restrictions on Internet freedom during the preceding 1-year 
        period.
    (b) Report.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act, and annually thereafter, the 
        President shall transmit to the appropriate congressional 
        committees a report that contains the following:
                    (A) The name of each foreign country that at the 
                time of the transmission of the report is designated as 
                an Internet-restricting country pursuant to subsection 
                (a).
                    (B) An identification of each government agency and 
                quasi-government organization responsible for the 
                substantial restrictions on Internet freedom in each 
                foreign country designated as an Internet-restricting 
                country pursuant to subsection (a).
                    (C) A description of efforts by the United States 
                to counter the substantial restrictions on Internet 
                freedom referred to in subparagraph (B).
            (2) Form.--The information required by paragraph (1)(C) of 
        the report may be provided in a classified form if necessary.
            (3) Internet availability.--All unclassified portions of 
        the report shall be made publicly available on the Internet Web 
        site of the Department of State.

        TITLE II--MINIMUM CORPORATE STANDARDS FOR ONLINE FREEDOM

SEC. 201. PROTECTION OF PERSONALLY IDENTIFIABLE INFORMATION.

    (a) Prohibition of Locating Personally Identifiable Information in 
Internet-Restricting Countries.--A United States business may not 
locate, within a designated Internet-restricting country, any 
electronic communication that contains any personally identifiable 
information.
    (b) Definitions.--In this section:
            (1) Title 18 definitions.--The terms ``electronic 
        communication'', ``electronic communications system'', 
        ``electronic storage'', and ``contents'' have the meanings 
        given such terms in section 2510 of title 18, United States 
        Code.
            (2) Locate.--The term ``locate'' includes, with respect to 
        an electronic communication--
                    (A) computer storage or processing by facilities of 
                a remote computing service, as such term is defined in 
                section 2711 of title 18, United States Code;
                    (B) electronic storage by any electronic or 
                computer server or facility of an electronic 
                communications system; and
                    (C) any other storage by any electronic or computer 
                server or facility.
            (3) Traffic data.--The term ``traffic data'' means, with 
        respect to an electronic communication, any information 
        contained in or relating to such communication that is 
        processed for the purpose of the conveyance of the 
        communication by an electronic communications system or for the 
        billing thereof, including any Internet Protocol address or 
        other means of identifying a location within an electronic 
        communications system, but that does not by itself identify a 
        particular person. Such term does not include the contents of 
        any electronic communication.

SEC. 202. INTEGRITY OF PERSONALLY IDENTIFIABLE INFORMATION.

    (a) User Protection.--If a United States business collects or 
obtains personally identifiable information through the provision of 
products or services on the Internet, such business may not provide 
such information to any foreign official of an Internet-restricting 
country, except for legitimate foreign law enforcement purposes as 
determined by the Department of Justice.
    (b) Use of Established Legal Channels.--Any information that may be 
provided under subsection (a) for legitimate foreign law enforcement 
purposes may only be provided through established legal channels as 
determined by the Department of Justice.
    (c) Private Right of Action.--Any person aggrieved by a violation 
of this section may bring an action for damages, including punitive 
damages, or other appropriate relief in the appropriate district court 
of the United States, without regard to the amount in controversy, and 
without regard to the citizenship of the parties.

SEC. 203. TRANSPARENCY REGARDING SEARCH ENGINE FILTERING.

    Any United States business that creates, provides, or hosts an 
Internet search engine shall provide the Office of Global Internet 
Freedom, in a format and with a frequency to be specified by the 
Office, with all terms and parameters used to filter, limit, or 
otherwise affect the results provided by the search engine that are 
implemented--
            (1) at the request of, or by reason of any other direct or 
        indirect communication by, any foreign official of an Internet-
        restricting country; or
            (2) to comply with a policy or practice of restrictions on 
        Internet freedom in an Internet-restricting country.

SEC. 204. TRANSPARENCY REGARDING INTERNET CENSORSHIP.

    (a) Provision of URLs.--Any United States business that maintains 
an Internet content hosting service shall provide the Office of Global 
Internet Freedom, in a format and with a frequency to be specified by 
the Office, with the Uniform Resource Locators (URLs) of all data and 
content that such business has, under the circumstances set forth in 
subsection (b)--
            (1) removed from the content hosting service of such 
        business;
            (2) blocked from availability on the Internet; or
            (3) blocked from transmission via the Internet into or 
        within an Internet-restricting country.
    (b) Circumstances.--The circumstances referred to in subsection (a) 
are that the United States business took the action under subsection 
(a)--
            (1) at the request of, or by reason of any other direct or 
        indirect communication by, any foreign official of an Internet-
        restricting country; or
            (2) in order to comply with a policy or practice of 
        restrictions on Internet freedom in an Internet-restricting 
        country.

SEC. 205. PROTECTION OF UNITED STATES-SUPPORTED ONLINE CONTENT.

    A United States business that maintains an Internet content hosting 
service may not conduct Internet jamming of a United States-supported 
Web site or United States-supported content in an Internet-restricting 
country.

SEC. 206. PENALTIES.

    (a) Civil Penalties.--(1)(A) Any United States business that 
violates section 202(a) shall be subject to a civil penalty of not more 
than $2,000,000 imposed in an action brought by the Attorney General.
    (B) Any officer, director, employee, or agent, or stockholder of a 
United States business, who is acting on behalf of that business 
concern and who violates section 202(a), shall be subject to a civil 
penalty of not more $100,000 imposed in an action brought by the 
Attorney General.
    (2) Any United States business that violates section 201, 203, 204, 
or 205, or any officer, director, employee, or agent, or stockholder of 
a United States business, who is acting on behalf of that business 
concern and who violates section 201, 203, 204, or 205, shall be 
subject to a civil penalty of not more than $10,000 imposed in an 
action brought by the Attorney General.
    (b) Criminal Penalties.--(1)(A) Any United States business that 
willfully violates, or willfully attempts to violate, section 202(a) 
shall be fined not more than $2,000,000.
    (B) Any officer, director, employee, or agent, or stockholder of a 
United States business, who is acting on behalf of that business 
concern, and who willfully violates, or willfully attempts to violate, 
section 202(a), shall be fined not more than $100,000, or imprisoned 
not more than 5 years, or both.
    (2)(A) Any United States business that willfully violates, or 
willfully attempts to violate, section 201, 203, 204, or 205 shall be 
fined not more than $10,000.
    (B) Any officer, director, employee, or agent, or stockholder of a 
United States business, who is acting on behalf of that business 
concern and who willfully violates, or willfully attempts to violate, 
section 201, 203, 204, or 205, shall be fined not more than $10,000, or 
imprisoned not more than 1 year, or both.
    (c) Payment of Fines.--Whenever a fine is imposed under subsection 
(a) or (b) upon any officer, director, employee, agent, or stockholder 
of a United States business, the fine may not be paid, directly or 
indirectly, by the United States business.

SEC. 207. PRESIDENTIAL WAIVER.

    (a) In General.--Subject to subsection (b), the President may waive 
the application of any of the provisions of sections 201 through 205 
with respect to a United States business or an Internet-restricting 
country, if the President determines and so reports to the appropriate 
congressional committees that--
            (1) the government of the country has ceased the activities 
        giving rise to the designation of the country as an Internet-
        restricting country;
            (2) the exercise of such waiver authority would further the 
        purposes of this Act; or
            (3) the important national interest of the United States 
        requires the exercise of such waiver authority.
    (b) Congressional Notification.--Not later than the date of the 
exercise of a waiver under subsection (a), the President shall notify 
the appropriate congressional committees of the waiver or the intention 
to exercise the waiver, together with a detailed justification for the 
waiver.

     TITLE III--EXPORT CONTROLS FOR INTERNET-RESTRICTING COUNTRIES

SEC. 301. FEASIBILITY STUDY ON ESTABLISHMENT OF EXPORT CONTROLS.

    Not later than 180 days after the date of the enactment of this 
Act, the Secretary of Commerce, in consultation with the Secretary of 
State, shall complete a feasibility study regarding the development of 
export controls and export license requirements regarding the export of 
any item subject to sections 730 through 774 of title 15, Code of 
Federal Regulations (commonly known as the ``Export Administration 
Regulations'') to an end user in an Internet-restricting country for 
the purpose, in whole or in part, of facilitating substantial 
restrictions on Internet freedom.

SEC. 302. REPORT.

    Not later than 30 days after the end of the 180-day period 
described in section 301, the Secretary of Commerce, in consultation 
with the Secretary of State, shall submit to the appropriate 
congressional committees a report describing the actions taken to carry 
out section 301.
                                                 Union Calendar No. 320

110th CONGRESS

  2d Session

                               H. R. 275

                      [Report No. 110-481, Part I]

_______________________________________________________________________

                                 A BILL

  To promote freedom of expression on the Internet, to protect United 
    States businesses from coercion to participate in repression by 
       authoritarian foreign governments, and for other purposes.

_______________________________________________________________________

                           February 22, 2008

    Committees on Energy and Commerce and the Judiciary discharged; 
committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed