[Congressional Record Volume 146, Number 135 (Wednesday, October 25, 2000)]
[Extensions of Remarks]
[Page E1934]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




             H.R. 5430: THE CONSUMER ONLINE PROTECTION ACT

                                 ______
                                 

                            HON. GENE GREEN

                                of texas

                    in the house of representatives

                      Wednesday, October 25, 2000

  Mr. GREEN of Texas. Mr. Speaker, American consumers are flocking to 
the Internet in unprecedented numbers seeking to transact business and 
tap the nearly limitless informational databases. The explosion in 
Internet usage, however, is not without problems. Unlike shopping in a 
mall or browsing through a library where individuals travel anonymously 
through the merchandise racks and library stacks, the Internet is 
increasing becoming less and less anonymous. Direct marketing firms are 
now trying to identify individuals as they surf the web to isolate 
where they visit and what they are viewing.
  While just knowing where individuals are traveling to on the Internet 
has some value it is the next step in data collection that is most 
disconcerting. Companies are now attempting to complete the step by 
attaching your personal information to your web site visits. It is this 
type of activity that has truly frightening implications because it 
lifts the veil of anonymity that consumers enjoy in the traditional 
bricks-and-mortar marketplace. Powerful computer programs have been 
developed that can compile personal information at a level and 
completeness usually associated with the knowledge of an immediate 
family member.
  For that reason, I have introduced H.R. 5430, the Consumer Online 
Protection Act of 2000. H.R. 5430 seeks to return some of the anonymity 
back to consumers while they are online by prohibiting the correlation 
of personal information to web visits. In addition, the legislation 
requires the Federal Trade Commission (FTC) to promulgate rules 
specifying that all operators of a Web site or online service provide 
clear and conspicuous notice of their privacy policy in clear non-
legalistic terms. H.R. 5430 also requires a Web site or online service 
to provide consumers with an opt-out to prevent the use of their 
personal information for any activity other then transactional. 
Finally, the privacy policy must clearly state how any collected 
information will be shared or transferred to an external company or 
third party.
  Taken in combination, these requirements will provide consumers with 
the knowledge and control they need to prevent the dissemination of 
personal information provided to an online entity. What I am seeking to 
prohibit is a third party creating a complete profile of individuals 
and families to sell or share without prior affirmative consent. While 
I understand that there are many differing approaches to the issue of 
Internet privacy, I believe this legislation addresses a critical 
component and I look forward to moving this legislation in the 107th 
Congress.

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