House File 649 - Introduced



                                       HOUSE FILE       
                                       BY  HEATON, KAUFMANN, LUKAN,
                                           DE BOEF, SCHULTE, STRUYK,
                                           SANDS, SODERBERG, L. MILLER,
                                           and UPMEYER


    Passed House, Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act prohibiting the disclosure of specified consumer
  2    information by internet service providers and providing a
  3    penalty.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 2554YH 83
  6 rn/nh/14

PAG LIN



  1  1    Section 1.  NEW SECTION.  715D.1  DEFINITIONS.
  1  2    As used in this chapter, unless the context otherwise
  1  3 requires:
  1  4    1.  "Consumer" means a resident of this state who agrees to
  1  5 pay a fee to an internet service provider for access to the
  1  6 internet for personal, family, or household purposes, and who
  1  7 does not resell that access.
  1  8    2.  "Internet" means the same as defined in section 4.1.
  1  9    3.  "Internet service provider" means a person or entity
  1 10 who provides consumers authenticated access to, or presence
  1 11 on, the internet by means of a switched or dedicated
  1 12 telecommunications channel upon which the provider furnishes
  1 13 transit routing of internet protocol packets for and on behalf
  1 14 of the consumer.  "Internet service provider" does not include
  1 15 a person or entity who offers, on a common carrier basis,
  1 16 telecommunications facilities or telecommunications by means
  1 17 of those facilities.
  1 18    4.  "Ordinary course of business" means debt=collection
  1 19 activities, order fulfillment, request processing, or a
  1 20 transfer of ownership.
  1 21    5.  "Personally identifiable information" means any of the
  1 22 following information with respect to a consumer:
  1 23    a.  A home or other physical address including street name.
  1 24    b.  An electronic mail address.
  1 25    c.  A telephone number.
  1 26    d.  Requests for specific materials or services from an
  1 27 internet service provider, and the obtaining of such materials
  1 28 or services.
  1 29    e.  Internet or online sites visited by a consumer.
  1 30    f.  Any of the contents of a consumer's data=storage
  1 31 device.
  1 32    Sec. 2.  NEW SECTION.  715D.2  DISCLOSURE OF PERSONALLY
  1 33 IDENTIFIABLE INFORMATION == PROHIBITION.
  1 34    1.  Except as provided in subsection 2, an internet service
  1 35 provider shall not knowingly disclose a consumer's personally
  2  1 identifiable information.
  2  2    2.  An internet service provider may disclose personally
  2  3 identifiable information concerning a consumer under any of
  2  4 the following circumstances:
  2  5    a.  Disclosure is incident to the ordinary course of
  2  6 business of the internet service provider.
  2  7    b.  Disclosure is made to another internet service provider
  2  8 for purposes of reporting or preventing violations of the
  2  9 published acceptable use policy or customer service agreement
  2 10 of the internet service provider.  An internet service
  2 11 provider receiving disclosure pursuant to this paragraph may
  2 12 further disclose the personally identifiable information only
  2 13 as provided by this chapter.
  2 14    c.  The consumer has authorized the disclosure pursuant to
  2 15 subsection 3.
  2 16    3.  An internet service provider may obtain a consumer's
  2 17 authorization of the disclosure of personally identifiable
  2 18 information in writing or by electronic means.  The request
  2 19 for authorization must reasonably describe the persons to whom
  2 20 personally identifiable information may be disclosed and the
  2 21 anticipated uses of the information.  In order for an
  2 22 authorization to be effective, the contract between an
  2 23 internet service provider and a consumer must state either
  2 24 that the authorization will be obtained by an affirmative act
  2 25 of the consumer, or that failure of the consumer to object
  2 26 after a request for authorization has been made by the
  2 27 internet service provider constitutes authorization of
  2 28 disclosure.  The provision in the contract shall be
  2 29 conspicuously placed.  Authorization may alternatively be
  2 30 obtained in a manner consistent with self=regulating
  2 31 guidelines issued by representatives of the internet service
  2 32 provider or internet industries.
  2 33    Sec. 3.  NEW SECTION.  715D.3  EXCEPTIONS.
  2 34    The prohibition against disclosure pursuant to section
  2 35 715D.2 shall not apply to the following:
  3  1    1.  Disclosure pursuant to a court order, warrant, or
  3  2 subpoena.
  3  3    2.  In the course of a civil or criminal investigation
  3  4 conducted by a law enforcement officer while acting as
  3  5 authorized by law.
  3  6    3.  Pursuant to a civil action for conversion commenced by
  3  7 an internet service provider or a civil action to enforce
  3  8 collection of unpaid subscription fees or purchase amounts.
  3  9 Disclosure pursuant to this subsection shall be limited to the
  3 10 extent necessary to establish the fact of the subscription
  3 11 delinquency or purchase agreement, with appropriate safeguards
  3 12 against unauthorized disclosure.
  3 13    4.  To a consumer who is the subject of the personally
  3 14 identifiable information, upon written or electronic request
  3 15 and upon payment of a fee not to exceed the actual cost of
  3 16 retrieving the information.
  3 17    Sec. 4.  NEW SECTION.  715D.4  SECURITY OF INFORMATION ==
  3 18 EXCLUSION FROM EVIDENCE.
  3 19    1.  An internet service provider shall take reasonable
  3 20 steps to maintain the security and privacy of a consumer's
  3 21 personally identifiable information.
  3 22    2.  Except for purposes of establishing a violation of this
  3 23 chapter, personally identifiable information obtained in any
  3 24 manner other than as provided pursuant to this chapter may not
  3 25 be received in evidence in a civil action.
  3 26    Sec. 5.  NEW SECTION.  715D.5  ENFORCEMENT.
  3 27    A violation of this chapter is a violation of section
  3 28 714.16, subsection 2, paragraph "a".  All powers conferred
  3 29 upon the attorney general to accomplish the objectives and
  3 30 carry out the duties prescribed in section 714.16 are also
  3 31 conferred upon the attorney general to enforce this chapter
  3 32 including but not limited to the power to issue subpoenas,
  3 33 adopt rules, and seek injunctive relief and a monetary award
  3 34 for civil penalties, attorney fees, and costs.  Additionally,
  3 35 the attorney general may seek and recover the greater of five
  4  1 hundred dollars or actual damages for each consumer injured by
  4  2 a violation of this chapter.
  4  3                           EXPLANATION
  4  4    This bill prohibits disclosure of personally identifying
  4  5 consumer information by internet service providers, as these
  4  6 terms are defined in the bill.
  4  7    The bill provides that it is unlawful for an internet
  4  8 service provider to knowingly disclose a consumer's personally
  4  9 identifiable information, unless the disclosure is incident to
  4 10 the ordinary course of business of the internet service
  4 11 provider, or made to another internet service provider for
  4 12 purposes of reporting or preventing violations of the
  4 13 published acceptable use policy or customer service agreement
  4 14 of the internet service provider, or the consumer has
  4 15 authorized the disclosure.  The bill specifies a procedure
  4 16 whereby a consumer's authorization of the disclosure of
  4 17 personally identifiable information can be obtained by an
  4 18 internet service provider either in writing or by electronic
  4 19 means.
  4 20    The bill specifies exceptions to the prohibition against
  4 21 disclosure, if disclosure is made pursuant to a court order,
  4 22 warrant, or subpoena; in the course of a civil or criminal
  4 23 investigation; pursuant to a civil action for conversion
  4 24 commenced by an internet service provider or a civil action to
  4 25 enforce collection of unpaid subscription fees or purchase
  4 26 amounts; or to a consumer who is the subject of the personally
  4 27 identifiable information upon the consumer's request.
  4 28    The bill requires an internet service provider to take
  4 29 reasonable steps to maintain the security and privacy of a
  4 30 consumer's personally identifiable information, and provides
  4 31 that except for purposes of establishing a violation of the
  4 32 bill's provisions, personally identifiable information
  4 33 obtained in an unauthorized manner may not be received in
  4 34 evidence in a civil action.
  4 35    The bill provides that a violation of the bill's provisions
  5  1 constitutes a consumer fraud under Code section 714.16,
  5  2 subsection 2, paragraph "a", punishable by a civil penalty of
  5  3 up to $40,000 per violation and $5,000 per day for a violation
  5  4 of an injunction.  Additionally, the attorney general may seek
  5  5 and recover the greater of $500 or actual damages for each
  5  6 consumer injured by a violation of this Code chapter.
  5  7 LSB 2554YH 83
  5  8 rn/nh/14