Federal Internet Law & Policy An Educational Project

Legislation Affecting the Internet 105th Congress

Crimes

H.R.3494 A bill to amend title 18, United States Code, with respect to violent sex crimes against children, and for other purposes. (Rep McCollum)
• Text: Not Available
• Summary and Status
• Introduced 3/18/98
• 15 Cosponsors
• Summary: Not Available.
It is reported that Rep. Millender-McDonald (D-Cal.) will introduce a bill on March 19, 1998, to ban the sale of liquor on the Internet to minors.

Domain Name System

S.1727 Domain Name Bill (Sen. Leahy)
• Text.
• Summary and Status.
• Introduced 3/6/98
• Leahy has also introduced this an amendment to S.1609, which in itself is a bill to amend the High Performance Computing Act of 1991. (June 1998)
• 1 Cosponsor as of 7/01/98
• Summary: A bill authorize the comprehensive independent study of the effects on trademark and intellectual property rights holders of adding new a generic top-level domains and related dispute resolution procedures.
• Statement by Senator Leahy. (March 10, 1998).

Encryption

See Encryption Policy Resource Page; CDT Crypto Page; Electronic Privacy Information Center; Internet Privacy Coalition Pending Legislation Page; Americans for Computer Privacy;
S 2067 Encryptian Protects the Rights of Individuals from Violation and Abuse in Cyberspace (E-Privacy) Act (Sens. Ashcroft, Leahy, and Burns). See Information under Privacy Heading

S 909 Secure Public Networks Act (Sen. McCain and Kerry)

• Summary and Status
• Jun 16, 1997: Introduced.
• Jun 19, 97: Committee on Commerce. Ordered to be reported with an amendment in the nature of a substitute favorably.
• 2 Cosponsors as of 3/9/98
• Summary: A bill to encourage and facilitate the creation of secure public networks for communication, commerce, education, medicine, and government.
• VTW Criticism.
• CDT Statement .
• Senator Kerry's Statement .
S 377 Pro-Code Bill (Sen. Burns, Leahy)
• Summary and Status
• Feb 27, 97: Read twice and referred to the Committee on Commerce.
• Mar 19, 97: Committee on Commerce. Hearings held.
• 22 Cosponsors as of 3/9/98
• Summary: A bill to promote electronic commerce by facilitating the use of strong encryption, and for other purposes.
• CDT Statement
S. 376 Encrypted Communications Privacy Act of 1997 (Sen. Leahy)
• Bill Summary and Status
• Feb 27, 97: Read twice and referred to the Committee on Judiciary.
• Mar 19, 97: Referred to Subcommittee on Technology, Terrorism, Government.
• Jul 9, 97: Committee on Judiciary. Hearings held.
• 4 Cosponsors as of 3/9/98
• Summary: A bill to affirm the rights of Americans to use and sell encryption products, to establish privacy standards for voluntary key recovery encryption systems, and for other purposes.
H.R.1903 Computer Security Enhancement Act of 1997 (Rep Sensenbrenner)
• Summary and Status
• House Actions
• Jun 17, 97: Referred to the House Committee on Science.
• Jun 23, 97: Referred to the Subcommittee on Technology.
• Jun 23, 97: Hearing Held by the Subcommittee on Technology Prior to Referral (Jun 19, 97).
• Jul 28, 97: Subcommittee Consideration and Mark-up Session Held.
• Jul 28, 97: Forwarded by Subcommittee to Full Committee (Amended) by Voice Vote.
• Jul 29, 97: Committee Consideration and Mark-up Session Held.
• Jul 29, 97: Ordered to be Reported (Amended) by Voice Vote.
• Sep 3, 97: Reported to House (Amended) by House Committee on Science. H. Rept. 105-243.
• Sep 3, 97: Placed on the Union Calendar, Calendar No. 139.
• Sep 16, 97: Called up by House under suspension of the rules. Considered by House as unfinished business. Passed House (Amended) by voice vote.
• Senate Actions
• Sep 17, 97: Received in the Senate and read twice and referred to the Committee on Commerce.
• 29 Cosponsors as of 3/9/98
• SUMMARY from Thomas: Computer Security Enhancement Act of 1997 - Amends the National Institute of Standards and Technology Act to require the National Institute of Standards and Technology, in fulfilling its responsibilities under the computer standards program, to: (1) upon request from the private sector, assist in establishing voluntary interoperable standards, guidelines, and associated methods and techniques to facilitate and expedite the establishment of non-Federal public key management infrastructures that can be used to communicate with and conduct transactions with the Federal Government; and (2) provide assistance to Federal agencies in the protection of computer networks, and coordinate Federal response efforts related to unauthorized access to Federal computer systems. Requires the Institute to perform evaluation and tests of: (1) information technologies to assess security vulnerabilities; and (2) commercially available security products for their suitability for use by Federal agencies for protecting sensitive information in computer systems.
HR 695 The Security and Freedom Through Encryption Act of 1997 (SAFE) (Rep. Goodlatte)
• Summary and Status
• Feb 12, 97: Referred to the Committee on the Judiciary, and in addition to the Committee on International Relations, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
• Mar 3, 97: Referred to the Subcommittee on International Economic Policy and Trade.
• Jun 24, 97: Subcommittee Consideration and Mark-up Session Held.
• Jun 24, 97: Forwarded by Subcommittee to Full Committee (Amended) by Voice Vote.
• Jul 22, 97: Committee Consideration and Mark-up Session Held.
• Jul 22, 97: Ordered to be Reported (Amended) by Voice Vote.
• Jul 25, 97: Reported to House (Amended) by House Committee on International Relations. H. Rept. 105-108, Part II.
• Feb 12, 97: Referred to the Committee on the Judiciary, and in addition to the Committee on International Relations, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
• Mar 5, 97: Referred to the Subcommittee on Courts and Intellectual Property.
• Mar 20, 97: Subcommittee Hearings Held.
• Apr 30, 97: Subcommittee Consideration and Mark-up Session Held.
• Apr 30, 97: Forwarded by Subcommittee to Full Committee by Voice Vote.
• May 14, 97: Committee Consideration and Mark-up Session Held.
• May 14, 97: Ordered to be Reported (Amended) by Voice Vote.
• May 22, 97: Reported to House (Amended) by House Committee on Judiciary. H. Rept. 105-108, Part I.
• Jun 26, 97: Referred jointly and sequentially to the House Committee on National Security for a period ending not later than Sept. 5, 1997 for consideration of such provisions of the bill and amendment reported by the Committee on the Judiciary as fall within the jurisdiction of that committee pursuant to clause 1(k), rule X.
• Jul 30, 97: Committee Hearings Held.
• Sep 9, 97: Committee Consideration and Mark-up Session Held.
• Sep 9, 97: Ordered to be Reported (Amended) by Voice Vote.
• Sep 12, 97: Reported to House (Amended) by House Committee on National Security. H. Rept. 105-108, Part III.
• Jun 26, 97: Referred jointly and sequentially to the House Committee on Commerce for a period ending not later than Sept. 5, 1997 for consideration of such provisions of the bill and amendment reported by the Committee on the Judiciary as fall within the jurisdiction of that commitee pursuant to clause 1(e), rule X.
• Jul 14, 97: Referred to the Subcommittee on Telecommunications, Trade, and Consumer Protection, for a period to be subsequently determined by the Chairman.
• Sep 4, 97: Subcommittee Hearings Held.
• Sep 24, 97: Committee Consideration and Mark-up Session Held.
• Sep 24, 97: Ordered to be Reported (Amended) by the Yeas and Nays: 44 - 6.
• Sep 29, 97: Reported to House (Amended) by House Committee on Commerce. H. Rept. 105-108, Part V.
• Jun 26, 97: Referred jointly and sequentially to the House Committee on Intelligence (Permanent Select) for a period ending not later than Sept. 5, 1997 for consideration of such provisions of the bill and amendment reported by the Committee on the Judiciary as fall within the jurisdiction of that committee pursuant to rule XLVIII.
• Sep 9, 97: Committee Hearings Held.
• Sep 11, 97: Committee Consideration and Mark-up Session Held.
• Sep 11, 97: Ordered to be Reported (Amended) by Voice Vote.
• Sep 16, 97: Reported to House (Amended) by House Committee on Intelligence (Permanent). H. Rept. 105-108, Part IV.
• Sep 29, 97: Placed on the Union Calendar, Calendar No. 160.
• 249 Cosponsors as of 3/9/98
• SUMMARY by Rep. Goodlatte: The Solution -- The Security And Freedom through Encryption (SAFE) Act, which:
• Gives all Americans the freedom to use any type of encryption anywhere in the world, and allows the sale of any type of encryption domestically;
• Prohibits the government from creating a back door into peoples' computer systems (mandatory key escrow);
• Creates criminal penalties for the unlawful use of encryption in furtherance of a crime -- up to 5 years imprisonment for a first offense, and up to 10 years for each subsequent offense; and
• Modernizes U.S. export controls to permit the export of generally available software, and other types of software and hardware under a license if a product with comparable security is commercially available from foreign suppliers (creates a level playing field).
• CDT Statement
• Statement of Rep. Campbell

Federal Communications Commission

See HR 4105 Internet Tax Freedom Act (below)
PASSED House June 22, 1998
HR 2372 Internet Protection Act of 1997 (Rep. White, Boucher, Tauzin, Oxley, Cox, Lazio)
• Summary and Status
• Introduced July 31, 1997
• Aug 18, 97: Referred to the Subcommittee on Telecommunications, Trade, and Consumer Protection.
• 5 Cosponsors as of 12/30/97
• Summary per Thomas: Amends the Communications Act of 1934 to declare that it shall be U.S. policy to rely on private initiative and to avoid government restriction or supervision of Internet services. Provides that nothing in the Act shall be construed to grant authority to the Federal Communications Commission (FCC) to regulate Internet services. Bars States from taking any action with respect to such services that the FCC is prohibited from taking or that is inconsistent with FCC actions. Requires the FCC, when service provided by a nonaffiliated Internet service provider is a substitute for a comparable regulated service for a substantial portion of the geographic market for such regulated service, to forbear from applying any regulation or provision of the Act to such comparable service if: (1) enforcement is not necessary to ensure that charges, practices, classifications, or regulations by, for, or in connection with such service are just and reasonable and not unreasonably discriminatory; (2) enforcement is not necessary for consumer protection; and (3) forbearance is necessary to promote parity among service providers and consistent with the public interest. Authorizes petitions to the FCC for forbearance. Requires the FCC to: (1) keep the House Committee on Commerce and the Senate Committee on Commerce, Science and Transportation currently informed on developments in the provision of Internet services; and (2) report any recommendations for legislative changes to the Congress if any development requires that a limitation on the FCC under this Act be removed.
• Press Release of Rep. White upon Introduction
• Electronic Messaging Association Edorsement

First Amendment

Child Protection Act of 1998 (Rep. Istook)
• Rep. Istook Press Release (June 23, 1998)
• Text
• Summary from Benton Foundation: would require schools and libraries to install filters on their computers. The proposed mandate was attached to an $81.9 billion labor, education, health and human services budget bill pending in the House Appropriations Committee. This move gives the legislation a much greater opportunity of passage than if it were a separate bill. "The appropriations bill is a must-pass bill so it is very dangerous that the provisions has been added to that bill," said Ron Weich, a legislative consultant to the American Civil Liberties Union. "It really is a significant threat," said Weich. "Obviously there will be members who express their opposition to it. But this is the kind of legislation that has a lot of visual appeal for members because it involves children and pornography." See New York Times Article (June 26, 1998)
S. 1619, HR 3177, Safe Schools Internet Act of 1998 (Sens. McCain, Hollings, Coats, and Murray Rep. Franks)
• Senate
• Text.
• Summary and Status.
• Introduced 2/9/98
• 3/12/98 Approved by Commerce Committee. Commerce Committee Press Release 3/12/98.
• Amended to Senate Appropriations Bill for Commerce, Justice, State (S 2260). Passed by Senate 99-0 July 23, 1998.
• PASSED as modified as a part of Internet Tax Freedom Act. October 1998.
• Summary: Amends the Communications Act of 1934 to prohibit universal telecommunications services from being provided to any elementary or secondary school unless its administrator has certified to the Federal Communications Commission (FCC) that it has selected and installed a system for computers with Internet access which filters or blocks matters deemed inappropriate for minors. Prohibits such service with respect to a library having Internet access unless it certifies that it employs such a filtering or blocking system on one or more of its computers. Requires a library to notify the FCC within ten days after changing or terminating such a system. Requires the determination of what shall be considered inappropriate for minors to be made by the appropriate school, school board, library, or other responsible authority, without Federal interference.
• 9 Cosponsors as of 09/15/1998.
• House
• Text.
• Summary and Status.
• Introduced 2/11/1998
• 3/3/1998 referred to the subcommittee on Telecommunications, Trade, and Consumer Protection.
• Summary from Bill: A bill to require the installation of a system for filtering or blocking matter on the Internet on computers in schools and libraries with Internet access, and for other purposes.
• Cosponsors: 12 as of 09/15/1998
• Press Releases
• ACLU. Jan 1998; February 10, 1998.
• Sen. McCain. 1/20/98; 2/9/98.
• EPIC.
• National Education Association. 2/10/98.
• American Library Association 2/13/98. Statement before Congress 2/10/98.


S. 1482 Children's Online Protect Act (COPA) aka Son-of-the-Communications Decency Act
(A bill to amend section 223 of the Communications Act of 1934 to establish a prohibition on commercial distribution on the World Wide Web of material that is harmful to minors, and for other purposes) (Sen. Dan Coats [note the lack of an e-mail address on his web page])

• Text .
• Summary and Status.
• Amended to Senate Appropriations Bill for Commerce, Justice, State (S 2260). Passed by Senate 99-0 July 23, 1998.
• SUMMARY from Thomas: Amends the Communications Act of 1934 to require anyone who, in interstate or foreign commerce or through the World Wide Web, is engaged in the commercial distribution of material that is harmful to minors to restrict access to such materials by persons under 17 years OF AGE. Provides criminal and civil penalties for violations of such requirement, as well as an affirmative defense. Directs the Attorney General, for the Internet web site of the Department of Justice, and the Federal Communications Commission for their website to each make available on such web sites a definition of material that is harmful to minors.
• Nov 8, 97: Read twice and referred to the Committee on Commerce.
• 3/12/98 Approved by Commerce Committee Commerce Committee Press Release 3/12/98.
• 7 Cosponsors as of 09/10/1998
• ACLU Press Release (11/13/97)

S-1356, HR-2791 A bill to amend the Communications Act of 1934 to prohibit Internet service providers from providing accounts to sexually violent predators (Sen. Faircloth R-N.C. and Rep. Roukema R-N.J.)
• House Bill Status and Summary
• Introduced October 31, 1997
• No Summary Available
• House Bill Text
• Senate Bill Text
HOT H.R. 3783 Son-of-CDA (Rep. Oxley and Rep. Greenwood)
• Summary and Status
• Version as of 09/18/1998 posted at EPIC
• Introduced April 30, 1998
• May 8, 98: Referred to the Subcommittee on Telecommunications, Trade, and Consumer Protection.
• Sept 17, 1998. Marked-up and PASSED by House Telecom subcommittee (Comm. Daily 9/16) heading for mark-up by full Commerce Committee on September 24.
• PASSED House October 1998.
• 50 Cosponsors (9/16/1998)
• Summary: A bill to amend section 223 of the Communications Act of 1934 to require persons who are engaged in the business of selling or transferring, by means of the World Wide Web, material that is harmful to minors to restrict access to such material by minors, and for other purposes.
H.R. 3442 E-Rate Policy and Child Protection Act of 1998 (Rep. Markey).
• Text.
• Summary and Status
• 3/11/98 Introduced
• 03/23/1998 referred to the Subcommittee on Telecom., Trade, & Consumer Protection
• 1 Cosponsor as of 4/17/98
• Summary from Thomas: E-Rate Policy and Child Protection Act of 1998 - Amends the Communications Act of 1934 to require an elementary or secondary school or library that obtains services or preferential rates or treatment under the Federal universal service support provisions of such Act (concerning telecommunications and information services) to establish a policy with respect to access to material that is inappropriate for children. Provides that, after January 1, 1999, such a school or library may not continue to receive such services, rates, or treatment unless it has filed with the Federal Communications Commission a statement describing such policy.
HR 1180 Family-Friendly Internet Access Act of 1997 (Rep. McDade)

HR 774 Internet Freedom and Child Protection Act of 1997 (Rep. Lofgren)

Gambling

HR 4427 Internet Gambling Prohibition Act of 1998 (Rep McCollum)
• Summary and Status
• 08/06/98 Introduced and referred to House Committee on Judiciary
• 09/11/1998 PASSED by Senate with amendment to protect ISPs
• 09/15/98 Committee on Judiciary. Subcommittee on Crime approved for full Committe action 4427 as amended.
• 3 Cosponsors as of 9/15/98
• See " House Advances McCollum's Bill" at Rolling Good Times Online, Inc. for a list of the amendments offered by Rep. McCollum.
HR 2380 S. 474 Internet Gambling Prohibition Act of 1997 (Rep. Goodlatte, Sen. Kyl).
• Text of Senate Bill
• Senate Bill Summary and Status
• Mar 19, 97: Read twice and referred to the Committee on Judiciary.
• May 9, 97: Referred to Subcommittee on Technology, Terrorism, Government.
• Jul 28, 97: Subcommittee on Technology, Terrorism, Government. Hearings held.
• Oct 9, 97: Committee on Judiciary. Committee consideration and Mark Up Session held.
• Oct 23, 97: Committee on Judiciary. Ordered to be reported with an amendment in the nature of a substitute favorably.
• Oct 23, 97: Committee on Judiciary. Reported to Senate by Senator Hatch with an amendment in the nature of a substitute. Without written report. Placed on Senate Legislative Calendar under General Orders. Calendar No. 223.
• July 1998 PASSED as an amendment to an Appropriations Bill.
• 13 Cosponsors as of September 1998.
• SUMMARY (As Introduced) Internet Gambling Prohibition Act of 1997 - Amends the Federal criminal code to provide penalties against any person who, while engaged in the business of betting or wagering, knowingly uses a communication facility for the transmission or receipt in interstate or foreign commerce of bets or wagers, information assisting in the placing of bets or wagers, or a communication that entitles the transmitter or receiver to receive money or credit as a result of bets or wagers. Provides a smaller penalty for those engaging in such activities who are not in the business of betting or wagering. Provides prohibition exceptions

  Authorizes the Federal Communications Commission to enforce against interstate computer service providers regulations prohibiting the interstate or foreign transmission of gambling information. Authorizes injunctive relief against such carriers or providers.

  Expresses the sense of the Senate that the Federal Government should have extraterritorial jurisdiction over the transmission to or receipt from the United States of gambling information as well as any communication that entitles the transmitter or recipient to receive money or credit as a result of bets or wagers.

  Requires a report from the Attorney General to the Congress concerning the enforcement of such gambling regulations and related recommendations and information.

Intellectual Property

See Digital Future Coalition's Legislation Webpage (includes links to different organization's analysis)
S 2037 Digital Millennium Copyright Act (Implementing World Intellectual Property Treaty)
• Passed Senate 99-0 5/14/98. Comm Daily.
• Revised version PASSEDSenate 10/08/1998.
• House considering parallel provision HR 3210
• Statements
• Business Software Alliance upon Senate Passage
• Digital Futures Coalition
• American Library Association Washington Office Issue Page


No Electronic Theft Act

Passed December 1997


HR 3209 On-Line Copyright Infringement Liability Limitation Act (Rep. Coble, Rep. Goodlatte)

• Text.
• Summary and Status.
• Introduced 2/12/98
• Summary: A bill to amend title 17, United States Code, to limit liability for copyright infringement for on-line material.
• One Cosponsor.
H.R. 2652 Collections of Information Antipiracy Act (Rep. Coble [no webpage])
Bill Text
Bill Summary and Status

Oct 9, 97: Referred to the House Committee on the Judiciary.
Oct 17, 97: Referred to the Subcommittee on Courts and Intellectual Property.
Oct 23, 97: Subcommittee Hearings Held.

SUMMARY (AS INTRODUCED)

Collections of Information Antipiracy Act - Amends Federal copyright law to make persons who extract, or use in commerce, a substantial part of a collection of information gathered or maintained by another person through the investment of substantial resources, so as to harm the other person's actual or potential market for a product or service that incorporates such information and is offered in commerce liable to the person for remedies under this Act.

Exempts certain activities from this Act, including the extraction or use of individual items of information or extraction or use of information for verification, not-for-profit educational, scientific, or research, or news reporting purposes.

Provides that protection shall not extend to government collections of information or computer programs (except for collections incorporated in such programs).

Requires all rights specified in this Act to be governed exclusively by Federal law, thus preempting State law.

Authorizes civil actions to be brought for violations of this Act. Provides for injunctions to prevent violations and authorizes impoundment of all copies of information extracted or used in violation. Entitles plaintiffs to specified monetary relief. Makes provisions regarding injunctions and impoundment inapplicable to actions against the U.S. Government. Provides for relief against State entities.

Prescribes criminal penalties for certain willful violations. Provides for a three-year statute of limitations on civil and criminal actions.

S. 1146. HR 3048 Digital Copyright Clarification and Technology Act of 1997 (Sen. Ashcroft, Rep. Boucher and Campbell)
• Introductory Statements
• Bill Summary and Status: A bill to update and preserve balance in the Copyright Act for the 21st Century; to advance educational opportunities through distance learning; to implement the World Intellectual Property Organization Copyright Treaty and Performances and Phonograms Treaty, and for other purposes.
• Introduced 11/13/97
• Referred to Subcommittee on Courts and Intellectual Property 11/24/97
• 45 Cosponsors as of 5/22/98
• Statement of Rep. Boucher
HR 2441 & S 1284 NII Copyright Protection Act of 1995
• Text of HR 2441
• Text of S 1284
• Statement of the Ad Hoc Copyright Coalition
HR. 2281 and S 1121 WIPO Copyright and Performances and Phonograms Treaty Implementation Act of 1997 (Rep. Coble, Sen. Hatch)
• HR 2281 Bill Summary and Status
• July 29, 1997 Referred to House Committee on the Judiciary
• April 1, 1998 Committee Hearing and mark up
• May 22, 1998 Reported to House by House Committee
• May 22, 1998 Referred to House Commerce Committee and House Ways and Means Committee
• June 5, 1998 Subcommittee hearing
• June 17, 1998 Mark up session
• June 24, 1998 On Schedule for House Commerce Committee for vote
• Aug 4, 1998 PASSED HOUSE Comm Daily 8/5/98
• 9 Cosponsors
• Anaylsis of the Digital Futures Coalition
• Analysis of EFF
• S 1121 Bill Summary and Status
• July 31, 1997 Referred to Senate Committee on the Judiciary
H2265 No Electronic Theft (NET) Act (Rep. Goodlatte, Rep Coble, Rep Frank, Rep. Cannon).
Bill to make pirates walk the plank C|NET (Sept 30, 1997)

Before House Judiciary Committee (Sept 1997).

HR 2180 On-Line Copyright Liability Limitation Act
• Bill Summary and Status

Internet2

S-1609 Funding for Internet2 (Sen. Frist, Sen. Rockefeller)
• Summary and Status
• Introduced February 4
• 5 Cosponsors as of February 9, 1998
• Summary: "Bill would authorize $102.5 million for FY 1999 and $115 million for FY 2000, distributed among Defense Dept., Energy Dept., National Science Foundation, NASA, National Institute of Standards & Technology. Goal is to create Internet that works 1,000 times faster than current version." -Communications Daily 2/9/98

Privacy

See EPIC Online Guide to 105th Congress Privacy and Cyber-Liberties Bills.

Oversight Hearing on Privacy in Electronic Communications, House Subcommittee on Courts and Intellectual Property, Thursday, March 26, 1998.

Children's Online Privacy Protection Act

• Passed in the House as a part of Oxley's version of the Son of the Communications Decency Act. October 1998.
• Passed in the Senate as a part of the Internet Tax Freedom Act. October 1998.
S 6027 Encryption Protects the Rights of Individuals from Violation and Abuse in Cyberspace (E-Privacy) Act (Sens. Ashcroft, Leahy, and Burns)
• Summary and Status
• Introduced May 12, 1998
• 10 Cosponsors as of 5/22/98
• Text of Act
• Summary: A bill to protect the privacy and constitutional rights of Americans, to establish standards and procedures regarding law enforcement access to decryption assistance for encrypted communications and stored electronic information, to affirm the rights of Americans to use and sell encryption products, and for other purposes.
• Analysis of EFF
• Senator Leahy's website concerning the E-Privacy Act.
HR 2368Data Privacy Act of 1997 (Rep. Tauzin).
• See summary under SPAM.
• Electronic Messaging Association Statement
HR 1964 Communications Privacy and Consumer Empowerment Act (Rep. Markey)
• Summary and Status
• Jun 19, 97: Referred to the House Committee on Commerce.
• Jun 26, 97: Referred to the Subcommittee on Telecommunications, Trade, and Consumer Protection.
• No Cosponsors as of 1/9/98
• "A bill to protect consumer privacy, empower parents, enhance the telecommunications infrastructure for efficient electronic commerce, and safeguard data security."
HR 1367 Federal Internet Privacy Protection Act of 1997 (Rep. Barrett)
• Summary and Status
• Apr 17, 97: Referred to the House Committee on Government Reform and Oversight.
• Apr 21, 97: Referred to the Subcommittee on Government Management, Information and Technology.
• 13 Cosponsors as of 1/28/1998
• Summary (Thomas): "Prohibits any Federal agency from making available through the Internet any record with respect to an individual. Permits a civil action to be brought against an agency by an individual suffering harm as a result of any case in which an agency makes or has made available through the Internet a record with respect to the individual (including a case in which a record was made available through the Internet before enactment of this Act). "
HR 98 Consumer Internet Privacy Protection Act of 1997 (Rep. Vento)
• Summary and Status
• Jan 7, 1997
• Jan 22, 97: Referred to the Subcommittee on Telecommunications, Trade, and Consumer Protection.
• 13 Cosponsors as of 9/15/1998
• Summary per Thomas: Prohibits an interactive computer service from disclosing to a third party any personally identifiable information provided by a subscriber without the subscriber's informed written consent. Permits the subscriber to revoke such consent at any time and requires the service to cease disclosing such information. Prohibits such service or its employee from knowingly disclosing to a third party any personally identifiable information provided by a subscriber that such service has knowingly falsified. Requires, at a subscriber's request, such service to: (1) provide such individual with his or her personally identifiable information maintained by the service; (2) permit the subscriber to verify and to correct such information; and (3) provide to the subscriber the identity of the third party recipients of such information. Prohibits the service from charging a fee to the subscriber for making such information available. Grants the Federal Trade Commission the authority to: (1) investigate whether a service has been or is engaged in any act or practice prohibited by this Act; and (2) if so, issue a cease and desist order as if such service were in violation of specified provisions of the Federal Trade Commission Act. Allows a subscriber aggrieved by a violation of this Act to obtain appropriate relief in a civil action.
• Rep. Vento's Web Page on the Legislation

Spam

ISA Addresses Unsolicited Bulk E-Mail
ISP/C's SPAM Policy Statement
S 875 Electronic Mailbox Protection Act of 1997 (Sen. Torricelli).
• Summary and Status
• Introduced 6/11/97 Read twice and referred to the Committee on Commerce.
• PASSED SENATE as an amendment to slamming legistlation (S 1618). 5/13/98. Language drafted with Sen. Murkowski.
• See CAUCE's and ISP/C's analysis and criticism of bill as passed.
• Parrellel provision expected to be introduced in House on approximately May 14, 1998, by House Telecommunications Subcommittee Chair Tauzin.
• 1 Cosponsor as of 12/31/97
• SUMMARY per Thomas: Electronic Mailbox Protection Act of 1997 - Subjects to a $5,000 civil penalty any person who, in or affecting interstate or foreign commerce: (1) initiates the transmission of an unsolicited electronic mail message from an unregistered or fictitious electronic mail address to prevent replies through use of a standard reply mechanism in the recipient's electronic mail system or to prevent receipt of standard notices of non-delivery; (2) uses a technical mechanism or procedure to disguise the source of unsolicited electronic mail messages to prevent recipients or recipient interactive computers services from implementing a mail filtering tool to block the messages from reaching the intended recipients; (3) initiates the transmission of an unsolicited electronic mail message and fails to comply with the request of the recipient, made to the sender or listserver, to cease sending electronic messages to the recipient in the future; (4) distributes electronic mail addresses having been given prior notice that addressees do not wish to receive unsolicited electronic mail and knowing that the recipient of such addresses intends to use such addresses for that purpose; (5) initiates the transmission of an unsolicited electronic mail message to a recipient despite having been given prior notice that the recipient does not wish to receive such messages; (6) registers, creates, or causes to be created an Internet domain or obtains the use of an Internet electronic mail account for the purpose of initiating the transmission of an unsolicited electronic mail message in contravention of this Act; (7) directs an unsolicited electronic mail message through the server of an interactive computer service to subscribers of the interactive computer service, knowing that such action is in contravention of the rules of the interactive computer service with respect to bulk unsolicited electronic mail messages; (8) knowing that such action is in contravention of the rules of the interactive computer service concerned, accesses the server of the interactive computer service and uses a computer program to collect electronic mail addresses of subscribers to send unsolicited electronic mail or distributes such addresses knowing that the recipient intends to use the addresses to send unsolicited electronic mail; or (9) initiates the transmission of bulk unsolicited electronic mail messages and divides the mailing of such messages into smaller mailings to circumvent another provision of this Act.
• Sen. Torricelli's Junk E-mail web page.
S 771 Unsolicited Commercial Electronic Mail Choice Act of 1997 (Sen. Murkowski)
• Summary and Status
• Introducted 5/21/97. Read twice and referred to the Committee on Commerce.
• PASSED SENATE as an amendment to slamming legistlation (S 1618). 5/13/98. Language drafted with Sen. Torricelli.
• See CAUCE's and ISP/C's analysis and criticism of bill as passed.
• Parrellel provision expected to be introduced in House on approximately May 14, 1998, by House Telecommunications Subcommittee Chair Tauzin.
• 2 Cosponsors as of 12/31/97
• SUMMARY per Thomas: Unsolicited Commercial Electronic Mail Choice Act of 1997 - Requires a person who transmits an electronic mail message as part of the transmission of unsolicited commercial electronic mail to include: (1) the word "Advertisement" at the very beginning of such message; and (2) the name, physical address, electronic mail address, and telephone number of the sender prominently displayed within such message. Empowers the Federal Trade Commission (FTC) with regulatory authority over such unsolicited electronic mail, including authority to conduct investigations, commence civil actions against individuals, and impose fines and penalties. Requires the FTC to take appropriate action within two years after the transmission of such electronic mail. Authorizes a State to bring a civil action on behalf of its residents against individuals or entities transmitting electronic mail in violation of this Act. Requires such State to notify the FTC of such ACTION. States that this Act shall not apply to an electronic mail transmission by an interactive computer service provider unless the provider initiates the transmission. Requires a provider to notify the FTC of any use of its equipment in violation of this Act. Requires each such provider to make available to subscribers a system permitting the subscribers to block the receipt of any electronic mail that contains the term "advertisement" in its subject line. Authorizes a person who receives a transmission of unsolicited commercial electronic mail to request, by return electronic mail, the termination of such transmissions. Requires such a request to be complied with within 48 hours after its receipt. States that a person who secures a good or service from, or otherwise responds electronically to, an offer of unsolicited commercial electronic mail shall be deemed to have authorized such transmission without inclusion of the information required of the sender under this Act. Authorizes actions by private persons to enforce the sanctions under this Act. Requires such action within one year after receipt of the transmission.
• Sen. Murkowski's web page on his SPAM bill.
H.R. 2368, The Data Protection Act of 1997 (Rep. Tauzin)
• Summary and Status
• July 31, 1997 Introduced
• Jul 31, 97: Referred to the House Committee on Commerce.
• Aug 18, 97: Referred to the Subcommittee on Telecommunications, Trade, and Consumer Protection.
• One Cosponsor as of Jan 5, 1997.
• Summary from Thomas: Provides for the establishment of a computer interactive services industry working group which shall establish voluntary guidelines: (1) limiting the collection and use, for commercial marketing, of personal information obtained from individuals through any interactive computer service; (2) relating to the distribution of unsolicited commercial electronic mail; and (3) providing incentives for following such guidelines. Prohibits: (1) the commercial marketing use of certain Government information regarding an individual that is obtained through the use of any interactive computer service without the individual's prior consent; and (2) the display of any individual's social security number through the use of any interactive computer service, with specified exceptions. Prohibits the commercial marketing use of any personal health and medical information obtained through an interactive computer service unless: (1) the person has obtained prior consent of the individual to whom such information relates for such use; or (2) such use is otherwise authorized by law.
• Endorsement of the Electronic Messaging Association
HR 1748 The Netizens Protection Act of 1997 (Rep. Smith).
• Summary and Status
• Introduced 5/22/97
• Jun 2, 97: Referred to the Subcommittee on Telecommunications, Trade, and Consumer Protection.
• 24 Cosponsors as of 12/30/97
• SUMMARY per Thomas: Amends the Communications Act of 1934 to make it unlawful for any person within the United States to use any computer or other electronic device to send an unsolicited advertisement to an electronic mail address: (1) of an individual with whom the sender lacks a preexisting and ongoing business or personal relationship, unless such individual provides express invitation or permission; or (2) unless the sender clearly provides, at the beginning of the advertisement, the date and time of the message, the identity of the business, entity, or individual sending the message, and the sender's return electronic mail address.
• CAUCE Statement

Taxation

HR 3849 Internet Tax Moritorium Act (Reps Cox, White)
• Passed by House Commerce Committee
• Said to be substantiall different than HR 1045
• Summary from Communications Daily: " Among other measures, bill sets 3-year moratorium on taxes of Internet access or online services, 'multiple or discriminatory taxes on electronic commerce,' and taxes on volume of information transmitted electronically -- so-called "bit tax." That language replaces extensive list of taxes that couldn't be offered that was contained in previous versions of moratorium bill. That list raised many objections from states. "
HR 4105 / S 442 Internet Tax Freedom Act (Rep. Cox, Sen. Wyden)
• Summary and Status
• June 23, 1998 PASSED House
• October 1998 PASSED Senate with all sorts of amendments.
• Coats Amendment exempting sites with content harmful to minors from tax moratorium.
• Dodd Amendment requiring ISPs to provide filtering tools to parents
• Summary: A bill to establish a national policy against State and local interference with interstate commerce on the Internet, to exercise congressional jurisdiction over interstate commerce by establishing a moratorium on the imposition of exactions that would interfere with the free flow of commerce via the Internet, to establish a national policy against federal and state regulation of Internet access and online services, and for other purposes.
• Originally introduced as HR 1045
• Summary and Status:
• Sen Wyden's Page on the Internet Tax Freedom Act
• Rep. Cox's Internet Tax Freedom Act's Home Page
• Rep. Campbell's Statement
• Testimony of Jerry Berman , Center for Democracy and Technology, before Congress Sept 11, 1998.
• Commerce Committee Hearings on Cox-White Internet Bill
• AOP Information
• Internet Tax Fairness Coalition
HR 995 The Tax-Free Internet Act of 1997 (Weldon)

IPAI Proposed Position on Internet Taxes

Universal Service

Hearings

• Senate Commerce Committee's April 21 Universal Service hearing has been postponed (Press Release).

Legislation

• See also First Amendment / Free Speech
H.R. 4474 (Rep. Ron Klink)
• TelecomAM (8/12/98) reports that Rep. Klink introduced legislation in the beginning of August 1998 which calls for the creation of a new Telecommunications Trust Fund, financed by the 3% excise tax on phone bills, which would pay for the universal service program and other related programs.
S.2348 H 4324 Schools and Libraries Internet Access Act (Rep. Tauzin, Sen. Burns)
• Senate Summary and Status
• Introduced July 23, 1998 referred to Commerce Committee
• Senator Burn's Press Release. July 23, 1998.
• House Summary and Status
• July 23, 1998 Introduced referred to Commerce Committee
• House 10 cosponsors as of 7/27/98
• SUMMARY: From Sen. Burns Press Release: The Burns-Tauzin legislation would:
• Cut the current 3 percent excise tax to 1 percent and devote the proceeds to a "Telecommunications Technology Trust Fund" to be administered by the NTIA, which would in turn award grants to states for schools, libraries and health care providers.
• Make expenditures explicit in the form of a capped tax that is already appearing on phone bills.
• Provide controls on a program that has been criticized for ballooning out of control and for poor implementation under the FCC's authority.
• Award grants on the basis of need.
• Avoid duplication of expenditures already being made.
H.R. 4065 To suspend collections for the connection of schools and libraries to the Internet, and for other purposes. Rep. Joe Scarborough (R-FL)
• Summary and Status
• 6/16/98 Introduced. Referred to Commerce Committee
• 24 Cosponsors
• Text
HR 4032 Anti-FCC Phone Tax Act of 1998 Rep. F. James Sensenbrenner (R-WI)
• Summary and Status
• 6/10 Introduced Referred to Commerce Committee
• 5 Cosponsors
• Text
• Summary: A bill to repeal the authority of the Federal Communications Commission to require contributions from telephone carriers for the connection of schools, health care providers, and libraries to the Internet.
S. 1897 Truth in Billing (Sens. Rockefeller, Snowe, Kerrey)
• Summary and Status
• Introduced 4/1/98
• May be considered as a part of high tech week 5/11/98
• PASSED SENATE as a part of anti-slamming legislation 5/13/98 (S 1618)
• 2 Cospsonsors as of 5/13/98
• Text
• Summary: Directs the Federal Communications Commission (FCC) and the Federal Trade Commission (FTC) to jointly conduct an investigation of the billing practices of telecommunications carriers (carriers) to determine whether bills sent to customers accurately assess and characterize any additional fees paid by customers for telecommunications services as a result of the enactment of the Telecommunications Act of 1996. Requires access to carrier records relevant to such investigation. Directs either the FCC or FTC to take appropriate disciplinary actions against carriers whose customer bills inaccurately assess and characterize such fees. Requires a joint report to the Congress on investigation results. Requires carriers that include on customer bills a charge or charges attributed to Federal regulatory actions to: (1) specify in such bill any reduction in charges or fees allocable to all classes of customers by reason of such regulatory actions; and (2) submit to the FCC certain disclosure reports required to be submitted by such carriers to the Securities and Exchange Commission under the Securities and Exchange Act of 1934.
S.1768 1998 Emergency Supplemental Appropriations Act for Recovery From Natural Disasters, and for Overseas Peacekeeping Efforts (Placed in the Senate) Sec. 2009 Provisions Relating to Universal Service Support for Public Institutional Telecommunications Users. (Sen. Stevens)
• Summary and Status
  • Sen. Lott is indicating that this will be up for vote in the beginning of May. TelecomAM 4/28.
  • Appropriations Bills passed 4/30 by House and Senate does not include the proposed language although the Conference Report states that 'conferees "expect that the FCC will comply with the reporting requirement" in Senate bill (S-1768), adding that fact requirement wasn't included in final bill "in no way can be considered as expressing the approval of the Congress of the action of the Federal Communications Commission" in establishing new Schools & Libraries Corp. and other corporations to distribute universal service funds.' Communications Daily 4/4/98
• Text
• Summary per Thomas: (Sec. 2004) Requires the Federal Communications Commission (FCC) to report to the Congress on: (1) a revised structure consisting of a single entity to administer certain programs regarding universal service for schools and libraries and telecommunications services for rural health care providers; and (2) funding for such programs. Directs the FCC to prioritize assistance for the schools and library program on the basis of need. Imposes a cap on the compensation of individuals employed by the administering entity. Bars the FCC, before June 1, 1998, from: (1) adjusting the contribution factors for telecommunications carriers with respect to programs described by this section; or (2) collecting any contribution due for the third or fourth quarter of calendar year 1998.
• Edlink Press Release: Nation's Schools and Libraries Urge FCC, Congress, and Telecos to Protect "E-Rate" Program's Affordable Access to Telecommunications (March 31, 1998).
• Edlink's letter to Chairman Kennard.

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