[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 964 Introduced in Senate (IS)]

<DOC>






115th CONGRESS
  1st Session
                                 S. 964

To protect broadband users from unfair or deceptive practices relating 
          to privacy or data security, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 27, 2017

  Mr. Blumenthal (for himself and Mr. Udall) introduced the following 
 bill; which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
To protect broadband users from unfair or deceptive practices relating 
          to privacy or data security, 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.

    This Act may be cited as the ``Managing Your Data Against Telecom 
Abuses Act of 2017'' or the ``MY DATA Act of 2017''.

SEC. 2. PROTECTING BROADBAND USERS FROM UNFAIR OR DECEPTIVE ACTS OR 
              PRACTICES RELATING TO PRIVACY OR DATA SECURITY.

    (a) Definitions.--In this section:
            (1) Broadband provider.--The term ``broadband provider'' 
        means a person who provides a mass-market retail service by 
        wire or radio that provides the capability to transmit data to 
        and receive data from all or substantially all Internet 
        endpoints, including any capabilities that are incidental to 
        and enable the operation of the communications service, but 
        excluding dial-up Internet access service.
            (2) Edge provider.--The term ``edge provider'' means any 
        person who--
                    (A) provides any content, application, or service 
                over the Internet; or
                    (B) provides a device used for accessing any 
                content, application, or service over the Internet.
    (b) Prohibition.--
            (1) In general.--It is unlawful for a broadband provider or 
        edge provider to use an unfair or deceptive act or practice 
        relating to privacy or data security in or affecting commerce.
            (2) Rule of construction.--Paragraph (1) shall not be 
        construed to imply that it was lawful before the date of the 
        enactment of this Act for a broadband provider or an edge 
        provider to use an unfair or deceptive act or practice relating 
        to privacy or data security in or affecting commerce.
    (c) Regulations.--The Federal Trade Commission may, after 
consulting with the Federal Communications Commission, promulgate such 
regulations under section 553 of title 5, United States Code, as the 
Federal Trade Commission considers appropriate to carry out this 
section.
    (d) Enforcement by Federal Trade Commission.--
            (1) Unfair or deceptive acts or practices.--A violation of 
        subsection (b)(1) shall be treated as an unfair or deceptive 
        act or practice in violation of a regulation prescribed under 
        section 18(a)(1)(B) of the Federal Trade Commission Act (15 
        U.S.C. 57a(a)(1)(B)) regarding unfair or deceptive acts or 
        practices.
            (2) Powers of commission.--
                    (A) In general.--Except as provided in subparagraph 
                (C), the Federal Trade Commission shall enforce this 
                Act 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 Act.
                    (B) Privileges and immunities.--Except as provided 
                in subparagraph (C), any person who violates this Act 
                shall be subject to the penalties and entitled to the 
                privileges and immunities provided in the Federal Trade 
                Commission Act (15 U.S.C. 41 et seq.).
                    (C) Common carriers and nonprofit organizations.--
                Notwithstanding section 4, 5(a)(2), or 6 of the Federal 
                Trade Commission Act (15 U.S.C. 44, 45(a)(2), and 46) 
                or any jurisdictional limitation of the Federal Trade 
                Commission, the Commission shall also enforce this Act, 
                in the same manner provided in subparagraphs (A) and 
                (B) of this paragraph, with respect to--
                            (i) common carriers subject to the 
                        Communications Act of 1934 (47 U.S.C. 151 et 
                        seq.) and Acts amendatory thereof and 
                        supplementary thereto; and
                            (ii) organizations not organized to carry 
                        on business for their own profit or that of 
                        their members.
    (e) 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 the State has been or is threatened or adversely 
        affected by the engagement of any person subject to subsection 
        (b)(1) in a practice that violates such subsection, the 
        attorney general of the State may, as parens patriae, bring a 
        civil action on behalf of the residents of the State in an 
        appropriate district court of the United States to obtain 
        appropriate relief.
            (2) Rights of federal trade commission.--
                    (A) Notice to federal trade commission.--
                            (i) In general.--Except as provided in 
                        clause (iii), the attorney general of a State 
                        shall notify the Commission in writing that the 
                        attorney general intends to bring a civil 
                        action under paragraph (1) before initiating 
                        the civil action against a person subject to 
                        subsection (b)(1).
                            (ii) Contents.--The notification required 
                        by clause (i) with respect to a civil action 
                        shall include a copy of the complaint to be 
                        filed to initiate the civil action.
                            (iii) Exception.--If it is not feasible for 
                        the attorney general of a State to provide the 
                        notification required by clause (i) before 
                        initiating a civil action under paragraph (1), 
                        the attorney general shall notify the 
                        Commission immediately upon instituting the 
                        civil action.
                    (B) Intervention by federal trade commission.--The 
                Commission may--
                            (i) intervene in any civil action brought 
                        by the attorney general of a State under 
                        paragraph (1); and
                            (ii) upon intervening--
                                    (I) be heard on all matters arising 
                                in the civil action; and
                                    (II) file petitions for appeal of a 
                                decision in the civil action.
            (3) Investigatory powers.--Nothing in this subsection may 
        be construed to prevent the attorney general of a State from 
        exercising the powers conferred on the attorney general by the 
        laws of the State to conduct investigations, to administer 
        oaths or affirmations, or to compel the attendance of witnesses 
        or the production of documentary or other evidence.
            (4) Action by federal trade commission.--If the Federal 
        Trade Commission institutes a civil action with respect to a 
        violation of subsection (b)(1), the attorney general of a State 
        may not, during the pendency of such action, bring a civil 
        action under paragraph (1) of this subsection against any 
        defendant named in the complaint of the Commission for the 
        violation with respect to which the Commission instituted such 
        action.
            (5) Venue; service of process.--
                    (A) Venue.--Any action brought under paragraph (1) 
                may be brought in--
                            (i) the district court of the United States 
                        that meets applicable requirements relating to 
                        venue under section 1391 of title 28, United 
                        States Code; or
                            (ii) another court of competent 
                        jurisdiction.
                    (B) Service of process.--In an action brought under 
                paragraph (1), process may be served in any district in 
                which the defendant--
                            (i) is an inhabitant; or
                            (ii) may be found.
            (6) Actions by other state officials.--
                    (A) In general.--In addition to civil actions 
                brought by attorneys general under paragraph (1), any 
                other officer of a State who is authorized by the State 
                to do so may bring a civil action under paragraph (1), 
                subject to the same requirements and limitations that 
                apply under this subsection to civil actions brought by 
                attorneys general.
                    (B) Savings provision.--Nothing in this subsection 
                may be construed to prohibit an authorized official of 
                a State from initiating or continuing any proceeding in 
                a court of the State for a violation of any civil or 
                criminal law of the State.
            (7) Authority preserved.--Nothing in this Act shall be 
        construed to limit the authority of the Federal Trade 
        Commission under any other provision of law.
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