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106th CONGRESS
2d Session
H. R. 5571
To prohibit the making, importation, exportation, distribution, sale,
offer for sale, installation, or use of an information collection
device without proper labeling or notice and consent.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 26, 2000
Mr. Holt introduced the following bill; which was referred to the
Committee on Commerce
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A BILL
To prohibit the making, importation, exportation, distribution, sale,
offer for sale, installation, or use of an information collection
device without proper labeling or notice and consent.
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 ``Electronic Privacy Protection Act''.
SEC. 2. PROHIBITIONS RELATING TO INFORMATION COLLECTION DEVICES.
(a) Prohibition.--It is unlawful for any person to knowingly make,
import, export, distribute, sell, offer for sale, install, or use an
information collection device in a manner that violates any regulation
issued under subsection (b).
(b) Regulations.--
(1) In general.--Not later than 120 days after the date of
the enactment of this Act, the Federal Trade Commission shall
issue regulations that make it unlawful under subsection (a)
for any person--
(A) to knowingly make, import, export, distribute,
sell, or offer for sale an information collection
device, unless the device has a label that discloses in
a manner that is readily apparent and understood that
the device may transmit from a computer information
that is identifiable to that computer, to a primary
user of that computer, or to an individual who operates
that computer but is not a primary user thereof;
(B) to knowingly install an information collection
device on a computer that is not under general
management and control of that person, unless that
person in accordance with regulations issued under
paragraph (2)--
(i) has given a primary user of that
computer notice of such installation; and
(ii) after providing such notice to a
primary user, has obtained the consent of the
primary user to such installation; or
(C) to knowingly use an information collection
device to transmit from a computer that is not under
general management and control of that person, any
information that is identifiable to that computer, to a
primary user of that computer, or to an individual who
operates that computer but is not a primary user
thereof, unless that person in accordance with
regulations issued under paragraph (2)--
(i) has given a primary user of that
computer notice that the device may transmit
such information; and
(ii) after providing such notice to a
primary user, has obtained consent by the
primary user to such a transmission.
(2) Notice and consent.--For purposes of notice and consent
required by paragraph (1), regulations shall require that--
(A) notice be given and consent be obtained for
each instance of installation or use of an information
collection device; and
(B) consent is effective only if the person
obtaining the consent has a good faith belief that the
person giving the consent--
(i) has attained 18 years of age; and
(ii) has authority to give such consent.
(c) Limitation on Application of Regulations.--Regulations issued
under subsection (b)(1)(A) shall not prohibit the making, importation,
exportation, distribution, sale, or offer for sale of any information
collection device made before the date of the enactment of this Act.
(d) Penalty.--
(1) In general.--Subject to paragraph (2), whoever violates
this section shall be fined $500 for the first such violation
and $1,500 for each subsequent violation.
(2) Information about minors.--Whoever commits a violation
of a regulation issued under subsection (b)(1)(C) shall be
fined twice the amount of the fine that would otherwise apply
under this subsection if such violation results in the
transmission from a computer of information that is
identifiable to--
(A) an individual who operates that computer and
has not attained 18 years of age; or
(B) that computer if a primary user of that
computer is an individual who has not attained such
age.
(3) Subsequent violations.--Each violation of a regulation
issued under subsection (b)(1), including each transmission of
information in violation of subsection (b)(1)(C), constitutes a
separate violation for purposes of this subsection.
(e) Definitions.--For purposes of this section:
(1) Computer.--The term ``computer'' means a programmable
electronically activated device that--
(A) is capable of accepting information, applying
prescribed processes to the information, and supplying
the results of those processes with or without human
intervention; and
(B) consists of a central processing unit
containing extensive storage, logic, and control
capabilities.
(2) Information collection device.--The term ``information
collection device'' means any device that--
(A) is a computer program that is capable of
collecting and transmitting from a computer to a person
other than a primary user of that computer, information
that is identifiable to that computer, to a primary
user of that computer, or to an individual who operates
that computer but is not a primary user thereof; and
(B) does not consist of only a simple identifying
string of computer code, commonly referred to as a
``cookie''.
(3) Primary user.--The term ``primary user'' means any
individual with general authority over management and use of a
computer or any person on whose behalf an individual exercises
such general authority.
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