[Congressional Record Volume 147, Number 148 (Wednesday, October 31, 2001)]
[Extensions of Remarks]
[Pages E1968-E1969]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


     INTENT REGARDING SECTION 211 OF H.R. 3162, THE USA PATRIOT ACT

                                 ______
                                 

                        HON. W.J. (BILLY) TAUZIN

                              of louisiana

                    in the house of representatives

                      Wednesday, October 31, 2001

  Mr. TAUZIN. Mr. Speaker, in 1984, Congress passed the Cable Act, 
which contained Section 631 to provide for the protection of cable 
subscriber privacy. Section 631 includes specific protection against 
the disclosure of personally identifiable information concerning a 
cable subscriber to law enforcement, by the cable operator, without the 
subscriber's notification. However, changes in technology that have 
occurred over the last seventeen years require that section 631 be 
clarified. Specifically, cable television companies now often

[[Page E1969]]

provide Internet access and telephone service, in addition to 
traditional television programming. Confusion over whether section 631 
of the Communications Act or the Electronic Communications Privacy Act 
(ECPA) applies to cable operator disclosures of information about their 
subscribers to government entities could hamper or delay government 
investigations. In the wake of the terrorist attacks against the United 
States on September 11, 2001, we as policymakers have examined ways in 
which to improve law enforcement's ability to trace, intercept, and 
obtain records of the communications of terrorists and other criminals 
with great speed, regardless of the mode of transmission. Clarifying 
which law applies when will greatly assist law enforcement in their 
antiterrorism, investigative efforts.
  Therefore, as the committee of jurisdiction over this issue, the 
Energy and Commerce Committee worked with the Department of Justice, 
and the Senate Commerce Committee, to arrive at language now found in 
section 211 of the Uniting and Strengthening America by Providing 
Appropriate Tools Required to Intercept and Obstruct Terrorism (USA 
PATRIOT ACT) Act of 2001, that clarifies that cable television 
subscribers continue to enjoy certain privacy protections, while also 
ensuring that law enforcement officials have the same ability to gain 
access to cable subscriber Internet and telephony information as they 
do with conventional telephone service.
  The drafters of this language intend the phrase ``records revealing 
cable subscriber selection of video programming from a cable operator'' 
to mean information about which video programming service or services a 
cable subscriber has purchased from a cable company. It does not 
include information such as a cable subscriber's name, address, or the 
means of payment. Importantly, this language does not impose any new 
requirements on cable companies to maintain or collect additional 
records containing subscriber information.
  ``Video programming'' is intended to refer to traditional video 
programming services comparable to broadcast television, see 47 U.S.C. 
522 (20), as opposed to the emerging types of video programming 
services that enable subscribers to communicate with other viewers or 
subscribers. Nor does ``video programming'' include streaming of 
content over the Internet.
  Moreover, to the extent a cable company enables its subscribers to 
communicate with other persons through the provision of telephone 
service or Internet access service, it must comply with the same laws, 
found in title 18, governing the interception and disclosure of wire 
and electronic communications that apply to any other telephone company 
or Internet service provider. In these instances, Section 631 simply 
would not apply. Under Title 18, providers of these interactive 
services are not required to provide notice to their subscribers when 
disclosing information to a governmental entity, and in certain cases 
may disclose information without a court order.
  With this clarification, cable companies will be in a better position 
to assist law enforcement with their anti-terrorism, investigative 
efforts without fear of violating other provisions of the law. Thank 
you.

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