General Assembly Raised Bill No. 335
February Session, 2018 LCO No. 1955
*01955_______ET_*
Referred to Committee on ENERGY AND TECHNOLOGY
Introduced by:
(ET)
General Assembly
Raised Bill No. 335
February Session, 2018
LCO No. 1955
*01955_______ET_*
Referred to Committee on ENERGY AND TECHNOLOGY
Introduced by:
(ET)
AN ACT CONCERNING INTERNET SERVICE PROVIDERS AND CONSUMER PERSONALLY IDENTIFYING INFORMATION.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. (NEW) (Effective October 1, 2018) (a) As used in this section:
(1) "Browsing history" means information that shows a consumer accessed a specific web site;
(2) "Consumer" means an Internet service account holder, such account holder's immediate family and any other person such account holder permits to access the Internet through use of such account holder's account;
(3) "Express and affirmative permission" means permission that (A) is explicitly solicited in writing or by electronic means separate from any other terms of service or items of consent, (B) is clear and succinct, (C) clearly identifies any person to whom an Internet service provider will transfer personally identifying information, (D) outlines the scope of the personally identifying information to be transferred, (E) includes a warning that after the grant of such permission, state law cannot guarantee that the person who receives such personally identifying information will not transfer that information to a third party or otherwise publicize such personally identifying information, (F) is sought by an Internet service provider for each person to whom it seeks to transfer such personally identifying information, and (G) expires not later than one year after such permission is granted;
(4) "Internet service provider" means a company that provides consumers with connectivity to the Internet and operates in the state, including any such company that sells Internet service in the state; and
(5) "Personally identifying information" means the following information relating to a consumer using an Internet service provider to connect to the Internet: (A) Such consumer's name, address, Social Security number, geographic location or browsing history, (B) the Internet protocol address associated with an electronic device that belongs to such consumer, (C) the content of such consumer's communications with anyone other than the Internet service provider, and (D) any information about such consumer's spouse, children, health or finances.
(b) An Internet service provider may not sell or transfer a consumer's personally identifying information to a person without such consumer's express and affirmative permission.
(c) An Internet service provider may not send or display to a consumer an advertisement that has been selected to be sent or displayed because of such consumer's browsing history without such consumer's express and affirmative permission.
(d) An Internet service provider may not refuse to provide its services to a consumer because of such consumer's refusal to provide express and affirmative permission to the Internet service provider pursuant to subsections (b) and (c) of this section.
(e) This section shall not apply to an Internet service provider that transmits a consumer's personally identifying information (1) in response to a subpoena, summons, warrant or court order that appears on its face to be issued in accordance with lawful authority, or (2) to the consumer to whom such personally identifying information pertains.
This act shall take effect as follows and shall amend the following sections:
Section 1 October 1, 2018 New section
This act shall take effect as follows and shall amend the following sections:
Section 1
October 1, 2018
New section
Statement of Purpose:
To prohibit Internet service providers from taking certain actions with respect to consumer's personally identifying information.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]