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105th Congress

Privacy 106th Congress

Summary of Major Consumer Internet Privacy Bills in the 106th Congress

CDT Briefing Book on Privacy Legislation - 2000

Bill # Name (Sponsor) Summary Status
Internet Privacy

HR 5571

Electronic Privacy Protection Act (Holt) Combats "spyware" by requiring the FTC to issue regulations mandating that companies distributing software that transmits information over the Internet back to the manufacturer, to disclose such activity and obtain user consent. 10/26/00: Introduced and referred to House Commerce Commitee. 10/31/00: Referred to Subcommittee on Telecommunications, Trade, and Consumer Protection
HR 5430 Consumer Online Privacy and Disclosure Act (Green) Prohibits online profiling that attaches personally identifiable information to a users' Web surfing habits, and calls for an FTC rulemaking regarding privacy policies and "opt-out" protection. 10/10/00: Introduced and referred to House Commerce Committee. 10/25/00: Referred to Subcommittee on Telecommunications, Trade, and Consumer Protection

S 3180

Spyware Control and Privacy Protection Act of 2000 (Edwards) Controls "spyware," computer programs that collect information about their users and transmit it back to the software company. The bill requires that manufacturers notify consumers when a product includes this capability, what types of information could be collected, and how to disable it. The bill also makes it illegal for programs to transmit users' information back to software manufacturers unless the user expressly enables that capability, and grants users access to any such information that is collected. Exceptions are made for validating authorized software users, providing technical support, or legal monitoring of computer activity by employers. 10/6/00: Introduced and referred to Committee on Commerce, Science, and Transportation.
S. 2928 Consumer Internet Privacy Enhancement Act (McCain) Requires web sites to provide "clear, conspicuous, and easily understood notice" of their information practices, as well as obvious opt-out mechanisms; prevents collection of personal information unless users have the opportunity to opt out of that information's disclosure and use beyond the primary purpose. 7/26/00: Introduced and referred to Committee on Commerce, Science, and Transportation.

HR 4908

Notice of Electronic Monitoring Act (Canady/Barr)   7/20/00 Introduced and referred to Judiciary Committee. 9/6/00: Subcommittee hearing held. CDT testified.

S 2606

Telecommunications and Electronic Commerce Privacy Act (Hollings) Requires notice and opt-in for collection and disclosure of personally identifiable information. Requires access and security. Gives FTC enforcement authority. Creates private right of action. 5/24/00 Introduced and referred to Commerce Committee. 10/3/00: Committee hearing held. CDT testified.
S 2448

Internet Integrity and Critical Infrastructure Protection Act of 2000 (Hatch/Schumer)

Increases penalties for computer crimes and eliminates threshold for federal prosecution. Makes it illegal to send spam with false identification information. Sets privacy standards for satellite TV subscriber info. Requires websites to give notice and opt-out. Makes fraudulent access to personal information a crime. 4/12/00 Introduced and referred to Judiciary Committee. 5/25/00 Hearing held. CDT testimony

S 2063 / HR 3770

Secure Online Communication Enforcement Act of 2000 (Sen. Torricelli/ Rep. Jackson)

Amends Title 18, United States Code to extend restrictions on disclosure of personal information to web site operators.

2/10/00 Referred to the Senate Committee on the Judiciary. 3/1/00 Referred to the House Committee on the Judiciary. 3/27/00 Referred to the House Subcommittee on Crime.
HR 3560 Online Privacy Protection Act of 2000 (Frelinghuysen) Requires FTC to provide protections for individuals not covered by the Child Online Protection Act (COPPA) and provides greater individual control over the collection and use of information. 1/31/00 Referred to the House Committee on Commerce. 2/4/00 Referred to the Subcommittee on Telecommunications.

HR 4059

Online Privacy and Disclosure Act of 2000 (Campbell)

Requires the Federal Communications Commission to create a uniform "seal program" based on the Organization for Economic Cooperation and Development Guidelines on the Protection of Privacy and Transborder Flows of Personal Data. 3/22/00 Introduced and referred to Commerce Committee.

HR 4049
Amendment (in the Nature a Substitution)

Privacy Commission Act (Hutchinson)

Establishes Commission for the Comprehensive Study of Privacy Protection.

3/21/00 Introduced and referred to the House Committee on Government Reform. 4/12/00, 5/15/00 and 5/16/00 Hearings held. CDT testimony. 6/29/00 Committee reported bill out.

HR 1685

Internet Growth and Development Act (Boucher/Goodlatte)

Bill's main focus is bandwidth ; also requires companies to post and comply with privacy policies on the web. Introduced 5/5/99, and referred to Judiciary and Commerce Committees. Referred to subcommitte on Telcom, Trade and Consumer Protection 5/25/99. Judiciary Committee legislative hearing held 6/30/99 and 7/18/00.

HR 313

Consumer Internet Privacy Protection Act of 1999 (Vento)

Regulates the use by interactive computer services of personally identifiable information provided by subscribers to such services.

1/6/99 Introduced and referred to Commerce Committee. 4/12/99 Referred to Subcommittee on Telecom, Trade and Consumer Protection.

S. 809

Online Privacy Protection Act (Burns/Wyden) Requires privacy disclosures on web sites, allows consumer "opt-out" of disclosures to third parties, allows consumers to access own personal data. 4/17/99 Introduced and referred to Commerce Committee, Communications Subcommittee. 7/27/99 Hearings held. 10/3/00: Committee hearing held. CDT testified.

S. 854

E-RIGHTS (Leahy)

Establish standards for law enforcement access to location information, decryption assistance for encrypted communications, and stored electronic information. Affirms right to use and sell encryption products.

4/21/99Introduced and referred to Judiciary Committee.

S. 1901

Privacy Protection Study Commission Act of 1999 (Kohl) Establishes Privacy Protection Study Commission to evaluate FOIA and E-FOIA. 11/10/99 Introduced and referred to Committee on Judiciary.

HR 3321

Electronic Privacy Bill of Rights Act (Markey) Requires privacy disclosures on web sites. Requires consumer "consent" for all uses of data. Allows consumers to access own personal data. 11/10/99 Introduced and referred to Commerce, Banking, Transportation and Agriculture Committees.
HR 2644 Personal Data Privacy Act (Hinchey) Prohibits Federal, State, and local agencies and private entities from transferring, selling, or disclosing personal data without express consent (except in limited circumstances). Requires agencies to provide individuals access to personal data maintained on them. 7/29/99 Introduced and referred to Committee on Government Reform.
Children's Privacy
HR 369 Children's Privacy Protection and Parental Empowerment Act of 1999 (Franks) Prohibits sale of children's personal information without parents' consent 1/19/99 Introduced and referred to Judiciary Committee. 2/25/99 Refered to Subcommittee on Crime.
Financial Records Privacy
S. 2513 Financial Information Privacy Protection Act (Leahy) President Clinton's proposals to strengthen the privacy provisions of Gramm-Leach-Bliley. 5/4/00 Introduced and referred to Banking Committee.
S 2360 Freedom From Behavioral Profiling Act of 2000 (Shelby) Amends the Gramm-Leach-Bliley Act to limit sharing of behavioral profiling information. 4/5/00 Introduced and referred to Committee on Banking.
HR 4332 Financial Consumers' Bill of Rights Act (Schakowsky) Section 9 amends the Gramm-Leach-Bliley Act to provide option for sharing financial data. 4/13/00 Introduced and referred to Banking and Commerce Committees.
S 900
enacted!
Financial Services Modernization Act of 1999 (Gramm-Leach-Bliley) Allows banks to merge with other firms such as health insurance companies and stock brokerage firms. Contains two sections on privacy: 1) Requires banks to offer "opt-out" of the disclosure of individual's personal information to unaffiliated entities, but provides no protection when banks share customer data with affiliates or with third parties for joint marketing activities. 2) Allows the sharing of sensitive medical information between banks and insurance companies without the individual's knowledge or consent. HR 10 1/6/99 Introduced. Passed by Commerce and Banking Committees. 7/1/99 Considered by House, many amendments offered, passed 343-86.

S 900 3/4/99 Introduced. 4/28/99 Committee on Banking reported. 5/6/99 Considered by Senate, many amendments offered, passed 54-44.

9/23/99 Conference committee held. 11/12/99 Signed into law as Pub. L. 106-102.

HR 1339 Depository Institution Customers Financial Privacy Enhancement Act of 1999 (Markey) Requires banks and credit unions to protect the confidentiality of customer information. 3/25/99 Introduced and referred to the House Committee on Banking. 4/16/99 Referred to Subcomittee on Financial Institutions and Consumer Credit.
S 187 Financial Information Privacy Act of 1999 (Sarbanes) Requires that customers are given notice and choice about how their financial institutions share or sell their personally identifiable sensitive financial information. 1/19/99 Introduced, referred to the Committee on Banking. 6/9/99 hearings held.
National Identifier

HR 220

Freedom and Privacy Restoration Act of 1999 (Paul)

Prohibits the establishment in the Federal Government of any uniform national identifying number

1/6/99Introduced, and referred to Ways & Means Committee and Government Reform Committee. 1/19/1999 Referred to Subcommittee on Social Security. 1/20/99 Referred to Subcommittee on Government Management, Information and Technology. 5/20/00 Hearing held.
HR 354 Collections of Information Anti-piracy Act (Coble) Limits use of Social Security numbers, prohibits creation of national IDs. 1/19/99 Introduced and referred to Judiciary, Ways and Means, and Government Reform Committees. 2/25/99 Referred to Subcommittee on Courts and Intellectual Property. Hearing held 3/18/99, House Judiciary Subcommittee on Courts and Intellectual Property. 5/20/99 Forwarded by Subcommittee to Full Committee. 5/26/99 Reported by Full Committee. 9/30/99 Amended by Judiciary Committee. Full House vote pending.

HR 367

Social Security On-line Privacy Protection Act of 1999 (Franks)

Limits disclosure of SSNs by interactive computer services.

1/19/99 Introduced. 1/29/99 Referred to Subcommittee on Telecommunications, Trade, and Consumer Protection.


Medical Records Privacy
[ www.healthprivacy.org ]



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