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HR 275 IH

110th CONGRESS1stRHCommentsClose CommentsPermalink

2d

Session H. R. 275

To promote freedom of expression on the Internet, to protect United States businesses from coercion to participate in repression by authoritarian foreign governments, and for other purposes.CommentsClose CommentsPermalink

IN THE HOUSE OF REPRESENTATIVES

January 5, 2007

Mr. SMITH of New Jersey (for himself and Mr. WOLF) introduced the following bill; which was referred to the Committee on Foreign Affairs, and in addition to the Committee on Energy and Commerce, 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 concernedCommentsClose CommentsPermalink

A BILL

To promote freedom of expression on the Internet, to protect United States businesses from coercion to participate in repression by authoritarian foreign governments, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title- This Act may be cited as the `Global Online Freedom Act of 2007'. CommentsClose CommentsPermalink





(b) Table of Contents- The table of contents for this Act is as follows: CommentsClose CommentsPermalink





Sec. 1. Short title; table of contents. CommentsClose CommentsPermalink





Sec. 2. Findings. CommentsClose CommentsPermalink





Sec. 3. Definitions. CommentsClose CommentsPermalink





Sec. 4. Severability. CommentsClose CommentsPermalink

TITLE I--PROMOTION OF GLOBAL INTERNET FREEDOM

Sec. 101. Statement of policy. CommentsClose CommentsPermalink





Sec. 102. Sense of Congress. CommentsClose CommentsPermalink





Sec. 103. Annual Country Reports on Human Rights Pcountry reports on human rights practices. CommentsClose CommentsPermalink





Sec. 104. Office of Global Internet Freedom. CommentsClose CommentsPermalink





Sec. 105. Annual designation of Internet-restricting countries; report. CommentsClose CommentsPermalink

TITLE II--MINIMUM CORPORATE STANDARDS FOR ONLINE FREEDOM

Sec. 201. Protection of personally identifiable information. CommentsClose CommentsPermalink





Sec. 202. Integrity of personally identifiable information. CommentsClose CommentsPermalink





Sec. 203. Transparency regarding search engine filtering. CommentsClose CommentsPermalink





Sec. 204. Transparency regarding Internet censorship. CommentsClose CommentsPermalink





Sec. 205. Protection of United States-supported online content. CommentsClose CommentsPermalink





Sec. 206. Penalties. CommentsClose CommentsPermalink





Sec. 207. Presidential waiver. CommentsClose CommentsPermalink

TITLE III--EXPORT CONTROLS FOR INTERNET-RESTRICTING COUNTRIES

Sec. 301. Feasibility study on establishment of export controls. CommentsClose CommentsPermalink





Sec. 302. Report. CommentsClose CommentsPermalink

SEC. 2. FINDINGS.

Congress makes the following findings: CommentsClose CommentsPermalink





(1) Freedom of speech and freedom of the press are fundamental human rights, and free flow of information on the Internet is protected in Article 19 of the Universal Declaration of Human Rights, which guarantees freedom to `receive and impart information and ideas through any media regardless of frontiers'. CommentsClose CommentsPermalink





(2) The Internet has been a success because it quickly provides information to its more than 972,000,000one billion users globally. CommentsClose CommentsPermalink





(3) The growth of the Internet and other information technologies can be a force for democratic change if the information is not subject to political censorship. CommentsClose CommentsPermalink





(4) The Internet has played a role in bringing international attention to issues the discussion of which are forbidden by authoritarian foreign governments, such as attempts by the Government of the People's Republic of China to suppress news of the severe acute respiratory syndrome (SARS) outbreak in 2004. CommentsClose CommentsPermalink





(5) The rapid provision of full and uncensored information through the Internet has become a major industry of the United States, and one of its major exports.(6) Political censorship of the Internet degrades the quality of that service and ultimately threatens the integrity and viability of the industry itself, both in the United States and abroad.(7) Authoritarian foreign governments such as the Governments of Belarus, Cuba, Ethiopia, Iran, Laos, North Korea, the People's Republic of China, Tunisia, and Vietnam, among others, block, restrict, and monitor the information their citizens try to obtain. CommentsClose CommentsPermalink





(86) Web sites that provide uncensored news and information, such as the Web sites of the Voice of America and Radio Free Asia, are routinely blocked in such countries. CommentsClose CommentsPermalink





(97) In June 2003, the Government of the Socialist Republic of Vietnam arrested, convicted of `spying', and sentenced to 13 years imprisonment and 3 years house arrest (later reduced on appeal to 5 years imprisonment and 3 years house arrest) Dr. Pham Hong Son after he translated an Internet article titled `What is Democracy' from the Web site of the United States Embassy in Vietnam. CommentsClose CommentsPermalink





(108) According to the Department of State's Country Reports on Human Rights Practices, the Government of Vietnam in 2004 tightened control of the Internet, requiring Internet agents, such as `cyber cafes', to register the personal information of their customers and store records of Internet sites visited by customers. The Vietnamese Government also monitored electronic mail, searched for sensitive key words, and regulated Internet content. CommentsClose CommentsPermalink





(119) The Government of the People's Republic of China has employed censorship of the Internet in violation of Article 35 of the Chinese Constitution, which guarantees freedom of speech, freedom of the press, freedom of assembly, freedom of association, freedom of procession, and freedom of demonstration.(12 and freedom of the press. CommentsClose CommentsPermalink





(10) This censorship by the Chinese Government promotes, perpetuates, and exacerbatesallows that Government to promote a xenophobic--and at times particularly anti-American--Chinese nationalism, the long-term effect of which will be deleterious to United States efforts to preventimprove the relationship between the United States and China from becoming hostile.(13. CommentsClose CommentsPermalink





(11) Technology companies in the United States that operate in countries controlled by authoritarian foreign governments have a moral responsibility to comply with the principles of the Universal Declaration of Human Rights. CommentsClose CommentsPermalink





(142) Technology companies in the United States have succumbed to pressure by authoritarian foreign governments to provide such governments with information about Internet users that has led to the arrest and imprisonment of `cyber dissidents', in violation of the corporate responsibility of such companies to protect and uphold human rights. CommentsClose CommentsPermalink





(153) Technology companies in the United States have provided technology and training to authoritarian foreign governments which have been used by such governments in filtering and blocking information that promotes democracy and freedom. CommentsClose CommentsPermalink





(164) Technology companies in the United States should develop standards by which they can conduct business with authoritarian foreign governments while protecting human rights to freedom of speech and freedom of expression. CommentsClose CommentsPermalink

SEC. 3. DEFINITIONS.

In this Act: CommentsClose CommentsPermalink





(1) APPROPRIATE CONGRESSIONAL COMMITTEES- Except as otherwise provided in this Act, the term `appropriate congressional committees' means-- CommentsClose CommentsPermalink





(A) the Committee on International RelationForeign Affairs of the House of Representatives; and CommentsClose CommentsPermalink





(B) the Committee on Foreign Relations of the Senate. CommentsClose CommentsPermalink





(2) FOREIGN OFFICIAL- CommentsClose CommentsPermalink





(A) IN GENERAL- The term `foreign official' means-- CommentsClose CommentsPermalink





(i) any officer or employee of a foreign government or any department, agency, state-owned enterprise, or instrumentality thereof; or CommentsClose CommentsPermalink





(ii) any person acting in an official capacity for or on behalf of any such government or department, agency, state-owned enterprise, or instrumentality. CommentsClose CommentsPermalink





(B) STATE-OWNED ENTERPRISE- For purposes of subparagraph (A), the term `state-owned enterprise' means a commercial entity in which a foreign government owns, directly or indirectly, more than 50 percent of the outstanding capital stock or other beneficial interest in such commercial entity. CommentsClose CommentsPermalink





(3) INTERNET- The term `Internet' means the combination of computer facilities, telecommunications facilities, electromagnetic transmission media, and related equipment and software, comprising the interconnected worldwide network of computer networks that employ the Transmission Control Protocol/Internet Protocol or any successor protocol to transmit information. CommentsClose CommentsPermalink





(4) INTERNET CONTENT HOSTING SERVICE- The terms `Internet content hosting service' and `content hosting service' mean a service that-- CommentsClose CommentsPermalink





(A) stores, through electromagnetic or other means, electronic data, including the content of Web pages, electronic mail, documents, images, audio and video files, online discussion boards, and Web logs; and CommentsClose CommentsPermalink





(B) makes such data available via the Internet. CommentsClose CommentsPermalink





(5) INTERNET JAMMING- The term `Internet jamming' means jamming, censoring, blocking, monitoring, or restricting access to the Internet, or to content made available via the Internet, by using technologies such as firewalls, filters, and `black boxes'. CommentsClose CommentsPermalink





(6) INTERNET-RESTRICTING COUNTRY- The term `Internet-restricting country' means a country designated by the President pursuant to section 105(a) of this Act. CommentsClose CommentsPermalink





(7) INTERNET SEARCH ENGINE- The term `Internet search engine' or `search engine' means a service made available via the Internet that, on the basis of query consisting of terms, concepts, questions, or other data input by a user, searches information available on the Internet and returns to the user a means, such as a hyperlinked list of Uniform Resource Identifiers, of locating, viewing, or downloading information or data available on the Internet relating to that query. CommentsClose CommentsPermalink





(8) LEGITIMATE FOREIGN LAW ENFORCEMENT PURPOSES- CommentsClose CommentsPermalink





(A) IN GENERAL- The term `legitimate foreign law enforcement purposes' means for purposes of enforcement, investigation, or prosecution by a foreign official based on a publicly promulgated law of reasonable specificity that proximately relates to the protection or promotion of the health, safety, or morals of the citizens of that jurisdiction. CommentsClose CommentsPermalink





(B) RULE OF CONSTRUCTION- For purposes of this Act, the control, suppression, or punishment of peaceful expression of political or religious opinion, which is protected by Article 19 of the International Covenant on Civil and Political Rights, does not constitute a legitimate foreign law enforcement purpose. CommentsClose CommentsPermalink





(9) PERSONALLY IDENTIFIABLE INFORMATION- The term `personally identifiable information'-- CommentsClose CommentsPermalink





(A) includes any information described insection 2703(c)(2) of title 18, United States Code; and CommentsClose CommentsPermalink





(B) does not include-- CommentsClose CommentsPermalink





(i) any traffic data (as such term is defined in section 201(b) of this Act); or CommentsClose CommentsPermalink





(ii) any record of aggregate data that does not identify particular persons. CommentsClose CommentsPermalink





(10) SUBSTANTIAL RESTRICTIONS ON INTERNET FREEDOM- The term `substantial restrictions on Internet freedom' means actions that restrict or punish the free availability of information via the Internet for reasons other than legitimate foreign law enforcement purposes, including-- CommentsClose CommentsPermalink





(A) deliberately blocking, filtering, or censoring information available via the Internet based on its peaceful political or religious content; or CommentsClose CommentsPermalink





(B) persecuting, prosecuting, or otherwise punishing an individual or group for posting or transmitting peaceful political or religious opinions via the Internet, including by electronic mail. CommentsClose CommentsPermalink





(11) UNITED STATES BUSINESS- The term `United States business' means-- CommentsClose CommentsPermalink





(A) any corporation, partnership, association, joint-stock company, business trust, unincorporated organization, or sole proprietorship that-- CommentsClose CommentsPermalink





(i) has its principal place of business in the United States; or CommentsClose CommentsPermalink





(ii) is organized under the laws of a State of the United States or a territory, possession, or commonwealth of the United States; CommentsClose CommentsPermalink





(B) any issuer of a security registered pursuant to section 12 of the Securities Exchange Act of 1934 (15 U.S.C. 78l); and CommentsClose CommentsPermalink





(C) any foreign subsidiary of an entity described in subparagraph (A) or (B) to the extent such entity-- CommentsClose CommentsPermalink





(i) controls the voting shares or other equities of the foreign subsidiary; or CommentsClose CommentsPermalink





(ii) authorizes, directs, controls, or participates in acts carried out by the foreign subsidiary that are prohibited by this Act. CommentsClose CommentsPermalink





(12) UNITED STATES-SUPPORTED CONTENT- The term `United States-supported content' means content that is created or developed, in whole or in part, by a United States-supported information entity. CommentsClose CommentsPermalink





(13) UNITED STATES-SUPPORTED INFORMATION ENTITY- The term `United States-supported information entity' means-- CommentsClose CommentsPermalink





(A) any authority of the Government of the United States; and CommentsClose CommentsPermalink





(B) any entity that-- CommentsClose CommentsPermalink





(i) receives grants from the Broadcasting Board of Governors to carry out international broadcasting activities in accordance with the United States International Broadcasting Act of 1994 (title III ofPublic Law 103-236; 22 U.S.C. 6201 et seq.); CommentsClose CommentsPermalink





(ii) in coordination with the Internationalexists within the Broadcasting Bureau,oard of Governors and carries out all nonmilitary international broadcasting activities supported by the Government of the United States in accordance with such Act (other than the international broadcasting activities supported by the Broadcasting Board of Governors as specified in such Act); or CommentsClose CommentsPermalink





(iii) receives grants or other similar funding from the Government of the United States to carry out any information dissemination activities. CommentsClose CommentsPermalink





(14) UNITED STATES-SUPPORTED WEB SITE- The term `United States-supported Web site' means a location on the World Wide Web that is owned or managed by, or is registered to, a United States-supported information entity. CommentsClose CommentsPermalink

SEC. 4. SEVERABILITY.

If any provision of this Act, or the application of such provision to any person or circumstance, is held invalid, the remainder of this Act, and the application of such provision to other persons not similarly situated or to other circumstances, shall not be affected by such invalidation. CommentsClose CommentsPermalink

TITLE I--PROMOTION OF GLOBAL INTERNET FREEDOM

SEC. 101. STATEMENT OF POLICY.

It shall be the policy of the United States-- CommentsClose CommentsPermalink





(1) to promote as a fundamental component of United States foreign policy the right of everyone individual to freedom of opinion and expression, including the freedomright to hold opinions without interference and to seek, receive, and impart information and ideas through any media and regardless of frontiers; CommentsClose CommentsPermalink





(2) to use all appropriate instruments of United States influence, including diplomacy, trade policy, and export controls, to support, promote, and strengthen principles, practices, and values that promote the free flow of information, including through the Internet and other electronic media; and CommentsClose CommentsPermalink





(3) to deter any United States business from cooperating with officials of Internet-restricting countries in effecting the political censorship of online content. CommentsClose CommentsPermalink

SEC. 102. SENSE OF CONGRESS.

It is the sense of Congress that-- CommentsClose CommentsPermalink





(1) the President should through bilateral, and where appropriate, multilateral activities, seek to obtain the agreement of other countries to promote the goals and objectives of this Act and to protect Internet freedom; and CommentsClose CommentsPermalink





(2) to the extent that a United States business empowers or assists an authoritarian foreign government in its efforts to restrict online access to the Web sites of Radio Free Asia, the Voice of America, or other United States-supported Web sites and online access to United States Government reports such as the Annual Country Reports on Human Rights Practices, the Annual Reports on International Religious Freedom, and the Annual Trafficking in Human Persons Reports, that business isor to identify individual Internet users, that business is working contrary to the foreign policy interests of the United States, and is undercutting United States taxpayer-funded efforts to promote freedom of information for all people, including those in undemocratic and repressive societies. CommentsClose CommentsPermalink

SEC. 103. ANNUAL COUNTRY REPORTS ON HUMAN RIGHTS PRACTICES.

(a) Report Relating to Economic Assistance- Section 116 of the Foreign Assistance Act of 1961 (22 U.S.C. 2151n) is amended by adding at the end the following new subsection: CommentsClose CommentsPermalink





`(g)(1) The report required by subsection (d) shall include an assessment of the freedom of electronic information in each foreign country. Such assessment shall include the following: CommentsClose CommentsPermalink





`(A) An assessment of the general extent to which Internet access is available to and used by citizens in that country. CommentsClose CommentsPermalink





`(B) An assessment of the extent to which government authorities in that country attempt to filter, censor, or otherwise block Internet content, as well as a description of the means by which they attempt to block such content. CommentsClose CommentsPermalink





`(C) A description of known instances in which government authorities in that country have persecuted, prosecuted, or otherwise punished a person or group for the peaceful expression of political, religious, or dissenting views via the Internet, including electronic mail. CommentsClose CommentsPermalink





`(D) A description of known instances in which government authorities in that country have sought to collect, request, obtain or disclose the personally identifiable information of a person in connection with that person's communication of ideas, facts or views where such communication would be protected by the International Covenant on Civil and Political Rights. CommentsClose CommentsPermalink





`(2) In compiling data and making assessments for the purposes of paragraph (1), United States diplomatic mission personnel shall consult with human rights organizations, technology and internet companies and other appropriate nongovernmental organizations.'. CommentsClose CommentsPermalink





(b) Report Relating to Security Assistance- Section 502B of the Foreign Assistance Act of 1961 (22 U.S.C. 2304) is amended by adding at the end the following new subsection: CommentsClose CommentsPermalink





`(i)(1) The report required by subsection (b) shall include an assessment of the freedom of electronic information in each foreign country. Such assessment shall include the following: CommentsClose CommentsPermalink





`(A) An assessment of the general extent to which Internet access is available to and used by citizens in that country. CommentsClose CommentsPermalink





`(B) An assessment of the extent to which government authorities in that country attempt to filter, censor, or otherwise block Internet content, as well as a description of the means by which they attempt to block such content. CommentsClose CommentsPermalink





`(C) A description of known instances in which government authorities in that country have persecuted, prosecuted, or otherwise punished a person or group for the peaceful expression of political, religious, or dissenting views via the Internet, including electronic mail. CommentsClose CommentsPermalink





`(D) A description of known instances in which government authorities in that country have sought to collect, request, obtain or disclose the personally identifiable information of a person in connection with that person's communication of ideas, facts or views where such communication would be protected by the International Covenant on Civil and Political Rights. CommentsClose CommentsPermalink





`(2) In compiling data and making assessments for the purposes of paragraph (1), United States diplomatic mission personnel shall consult with human rights organizations, technology and internet companies, and other appropriate nongovernmental organizations.'. CommentsClose CommentsPermalink

SEC. 104. OFFICE OF GLOBAL INTERNET FREEDOM.

(a) Establishment- There is established in the Department of State the Office of Global Internet Freedom (in this section referred to as the `Office'). CommentsClose CommentsPermalink





(b) Duties- In addition to such other responsibilities as the President may assign, the Office shall-- CommentsClose CommentsPermalink





(1) serve as the focal point for interagency efforts to protect and promote freedom of electronic information abroad; CommentsClose CommentsPermalink





(2) develop and ensure the implementation of a global strategy and programs to combat state-sponsored and state-directed Internet jamming by authoritarian foreign governments, and the intimidation and persecution by such governments of their citizens who use the Internet; CommentsClose CommentsPermalink





(3) provide assistance to the President in connection with the annual designation of Internet-restricting countries required by section 105(a) of this Act; CommentsClose CommentsPermalink





(4) beginning not later than 180 days after the date of the enactment of this Act-- CommentsClose CommentsPermalink





(A) identify key words, terms, and phrases relating to human rights, democracy, religious free exercise, and peaceful political dissent, both in general and as specifically related to the particular context and circumstances of each Internet-restricting country; and CommentsClose CommentsPermalink





(B) maintain, update, and make publicly available on a regular basis the key words, terms, and phrases identified pursuant to subparagraph (A); CommentsClose CommentsPermalink





(5) establish mechanisms by which United States businesses can transmit to the Officeto collect the information required to be reported by sections 116(g) and 502B(i) of the Foreign Assistance Act of 1961 (as added by section 103 of this Act) and sections 203 and 204 of this Act; CommentsClose CommentsPermalink





(6) establish a regularized consultative process with appropriate technology companies involved in providing, maintaining, or servicing the Internet, human rights organizations, academic experts, and others to develop a voluntary code of minimum corporate standards related to Internet freedom, and to consult with such companies, organizations, experts, and others regarding new technologies and the implementation of appropriate policies relating to such technologies; and CommentsClose CommentsPermalink





(7) advise the appropriate congressional committees of legislative action that may be necessary to keep the provisions of this Act and the amendments made by this Act relevant to changing technologies. CommentsClose CommentsPermalink





(c) Cooperation of Other Federal Departments and Agencies- Each department and agency of the Government of the United States, including the Department of Commerce, the Office of the United States Trade Representative, the Department of Justice, the International Broadcasting Bureau, and the Office of the Director of National Intelligence, shall-- CommentsClose CommentsPermalink





(1) cooperate fully with, and assist in the implementation of, the duties of the Office described in subsection (b), including the strategy developed by the Office pursuant to paragraph (2) of subsection (b); and CommentsClose CommentsPermalink





(2) make such resources and information available to the Office on a nonreimbursable basis as is necessary to achieve the purposes of this Act and the amendments made by this Act. CommentsClose CommentsPermalink





(d) Definition- In this section, the term `appropriate congressional committees' means-- CommentsClose CommentsPermalink





(1) the Committee on International RelationForeign Affairs and the Committee on Energy and Commerce of the House of Representatives; and CommentsClose CommentsPermalink





(2) the Committee on Foreign Relations and the Committee on Commerce, Science, and Transportation of the Senate. CommentsClose CommentsPermalink





(e) Authorization of Appropriations- There are authorized to be appropriated to the Office to carry out this section $50,000,000 for each of the fiscal years 2008 and 2009. CommentsClose CommentsPermalink

SEC. 105. ANNUAL DESIGNATION OF INTERNET-RESTRICTING COUNTRIES; REPORT.

(a) Designation- CommentsClose CommentsPermalink





(1) IN GENERAL- Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the President shall designate Internet-restricting countries for purposes of this Act. CommentsClose CommentsPermalink





(2) STANDARD- A foreign country shall be designated as an Internet-restricting country if the President determines that the government of the country is directly or indirectly responsible for a systematic pattern of substantial restrictions on Internet freedom during the preceding 1-year period. CommentsClose CommentsPermalink





(3) INITIAL DESIGNEES-(A) IN GENERAL- Each of the countries specified in subparagraph (B) shall be deemed to be designated as an Internet-restricting country pursuant to paragraph (1) beginning on the date of the enactment of this Act and ending on the date on which the President certifies to the appropriate congressional committees that the country involved is no longer directly or indirectly responsible for a systematic pattern of substantial restrictions on Internet freedom.(B) COUNTRIES- The countries referred to in subparagraph (A) are Belarus, Cuba, Ethiopia, Iran, Laos, North Korea, the People's Republic of China, Tunisia, and Vietnam.(b) Report- CommentsClose CommentsPermalink





(1) IN GENERAL- Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the President shall transmit to the appropriate congressional committees a report that contains the following: CommentsClose CommentsPermalink





(A) The name of each foreign country that at the time of the transmission of the report is designated as an Internet-restricting country pursuant to subsection (a). CommentsClose CommentsPermalink





(B) An identification of each government agency and quasi-government organization responsible for the substantial restrictions on Internet freedom in each foreign country designated as an Internet-restricting country pursuant to subsection (a). CommentsClose CommentsPermalink





(C) A description of efforts by the United States to counter the substantial restrictions on Internet freedom referred to in subparagraph (B). CommentsClose CommentsPermalink





(2) FORM- The information required by paragraph (1)(C) of the report may be provided in a classified form if necessary. CommentsClose CommentsPermalink





(3) INTERNET AVAILABILITY- All unclassified portions of the report shall be made publicly available on the Internet Web site of the Department of State. CommentsClose CommentsPermalink

TITLE II--MINIMUM CORPORATE STANDARDS FOR ONLINE FREEDOM

SEC. 201. PROTECTION OF PERSONALLY IDENTIFIABLE INFORMATION.

(a) Prohibition of Locating Personally Identifiable Information in Internet-Restricting Countries- A United States business may not locate, within a designated Internet-restricting country, any electronic communication that contains any personally identifiable information. CommentsClose CommentsPermalink





(b) Definitions- In this section: CommentsClose CommentsPermalink





(1) TITLE 18 DEFINITIONS- The terms `electronic communication', `electronic communications system', `electronic storage', and `contents' have the meanings given such terms insection 2510 of title 18, United States Code. CommentsClose CommentsPermalink





(2) LOCATE- The term `locate' includes, with respect to an electronic communication-- CommentsClose CommentsPermalink





(A) computer storage or processing by facilities of a remote computing service, as such term is defined insection 2711 of title 18, United States Code; CommentsClose CommentsPermalink





(B) electronic storage by any electronic or computer server or facility of an electronic communications system; and CommentsClose CommentsPermalink





(C) any other storage by any electronic or computer server or facility. CommentsClose CommentsPermalink





(3) TRAFFIC DATA- The term `traffic data' means, with respect to an electronic communication, any information contained in or relating to such communication that is processed for the purpose of the conveyance of the communication by an electronic communications system or for the billing thereof, including any Internet Protocol address or other means of identifying a location within an electronic communications system, but that does not by itself identify a particular person. Such term does not include the contents of any electronic communication. CommentsClose CommentsPermalink

SEC. 202. INTEGRITY OF PERSONALLY IDENTIFIABLE INFORMATION.

(a) User Protection- If a United States business collects or obtains personally identifiable information through the provision of products or services on the Internet, such business may not provide such information to any foreign official of an Internet-restricting country, except for legitimate foreign law enforcement purposes as determined by the Department of Justice. CommentsClose CommentsPermalink





(b) Use of Established Legal Channels- Any information that may be provided under subsection (a) for legitimate foreign law enforcement purposes may only be provided through established legal channels as determined by the Department of Justice. CommentsClose CommentsPermalink





(c) Private Right of Action- Any person aggrieved by a violation of this section may bring an action for damages, including punitive damages, or other appropriate relief in the appropriate district court of the United States, without regard to the amount in controversy, and without regard to the citizenship of the parties. CommentsClose CommentsPermalink

SEC. 203. TRANSPARENCY REGARDING SEARCH ENGINE FILTERING.

Any United States business that creates, provides, or hosts an Internet search engine shall provide the Office of Global Internet Freedom, in a format and with a frequency to be specified by the Office, with all terms and parameters used to filter, limit, or otherwise affect the results provided by the search engine that are implemented-- CommentsClose CommentsPermalink





(1) at the request of, or by reason of any other direct or indirect communication by, any foreign official of an Internet-restricting country; or CommentsClose CommentsPermalink





(2) to comply with a policy or practice of restrictions on Internet freedom in an Internet-restricting country. CommentsClose CommentsPermalink

SEC. 204. TRANSPARENCY REGARDING INTERNET CENSORSHIP.

(a) Provision of URLs- Any United States business that maintains an Internet content hosting service shall provide the Office of Global Internet Freedom, in a format and with a frequency to be specified by the Office, with the Uniform Resource Locators (URLs) of all data and content that such business has, under the circumstances set forth in subsection (b)-- CommentsClose CommentsPermalink





(1) removed from the content hosting service of such business; CommentsClose CommentsPermalink





(2) blocked from availability on the Internet; or CommentsClose CommentsPermalink





(3) blocked from transmission via the Internet into or within an Internet-restricting country. CommentsClose CommentsPermalink





(b) Circumstances- The circumstances referred to in subsection (a) are that the United States business took the action under subsection (a)-- CommentsClose CommentsPermalink





(1) at the request of, or by reason of any other direct or indirect communication by, any foreign official of an Internet-restricting country; or CommentsClose CommentsPermalink





(2) in order to comply with a policy or practice of restrictions on Internet freedom in an Internet-restricting country. CommentsClose CommentsPermalink

SEC. 205. PROTECTION OF UNITED STATES-SUPPORTED ONLINE CONTENT.

A United States business that maintains an Internet content hosting service may not conduct Internet jamming of a United States-supported Web site or United States-supported content in an Internet-restricting country. CommentsClose CommentsPermalink

SEC. 206. PENALTIES.

(a) Civil Penalties- (1)(A) Any United States business that violates section 202(a) shall be subject to a civil penalty of not more than $2,000,000 imposed in an action brought by the Attorney General. CommentsClose CommentsPermalink





(B) Any officer, director, employee, or agent, or stockholder of a United States business, who is acting on behalf of that business concern and who violates section 202(a), shall be subject to a civil penalty of not more $100,000 imposed in an action brought by the Attorney General. CommentsClose CommentsPermalink





(2) Any United States business that violates section 201, 203, 204, or 205, or any officer, director, employee, or agent, or stockholder of a United States business, who is acting on behalf of that business concern and who violates section 201, 203, 204, or 205, shall be subject to a civil penalty of not more than $10,000 imposed in an action brought by the Attorney General. CommentsClose CommentsPermalink





(b) Criminal Penalties- (1)(A) Any United States business that willfully violates, or willfully attempts to violate, section 202(a) shall be fined not more than $2,000,000. CommentsClose CommentsPermalink





(B) Any officer, director, employee, or agent, or stockholder of a United States business, who is acting on behalf of that business concern, and who willfully violates, or willfully attempts to violate, section 202(a), shall be fined not more than $100,000, or imprisoned not more than 5 years, or both. CommentsClose CommentsPermalink





(2)(A) Any United States business that willfully violates, or willfully attempts to violate, section 201, 203, 204, or 205 shall be fined not more than $10,000. CommentsClose CommentsPermalink





(B) Any officer, director, employee, or agent, or stockholder of a United States business, who is acting on behalf of that business concern and who willfully violates, or willfully attempts to violate, section 201, 203, 204, or 205, shall be fined not more than $10,000, or imprisoned not more than 1 year, or both. CommentsClose CommentsPermalink





(c) Payment of Fines- Whenever a fine is imposed under subsection (a) or (b) upon any officer, director, employee, agent, or stockholder of a United States business, the fine may not be paid, directly or indirectly, by the United States business. CommentsClose CommentsPermalink

SEC. 207. PRESIDENTIAL WAIVER.

(a) In General- Subject to subsection (b), the President may waive the application of any of the provisions of sections 201 through 205 with respect to a United States business or an Internet-restricting country, if the President determines and so reports to the appropriate congressional committees that-- CommentsClose CommentsPermalink





(1) the government of the country has ceased the activities giving rise to the designation of the country as an Internet-restricting country; CommentsClose CommentsPermalink





(2) the exercise of such waiver authority would further the purposes of this Act; or CommentsClose CommentsPermalink





(3) the important national interest of the United States requires the exercise of such waiver authority. CommentsClose CommentsPermalink





(b) Congressional Notification- Not later than the date of the exercise of a waiver under subsection (a), the President shall notify the appropriate congressional committees of the waiver or the intention to exercise the waiver, together with a detailed justification for the waiver. CommentsClose CommentsPermalink

TITLE III--EXPORT CONTROLS FOR INTERNET-RESTRICTING COUNTRIES

SEC. 301. FEASIBILITY STUDY ON ESTABLISHMENT OF EXPORT CONTROLS.

Not later than 180 days after the date of the enactment of this Act, the Secretary of Commerce, in consultation with the Secretary of State, shall complete a feasibility study regarding the development of export controls and export license requirements regarding the export of any item subject to sections 730 through 774 of title 15, Code of Federal Regulations (commonly known as the `Export Administration Regulations') to an end user in an Internet-restricting country for the purpose, in whole or in part, of facilitating substantial restrictions on Internet freedom. CommentsClose CommentsPermalink

SEC. 302. REPORT.

Not later than 30 days after the end of the 180-day period described in section 301, the Secretary of Commerce, in consultation with the Secretary of State, shall submit to the appropriate congressional committees a report describing the actions taken to carry out section 301. CommentsClose CommentsPermalink