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(3) JOINT REFERRAL AND DISCHARGE.--The presiding officer of the Senate may refer the notice of issuance of regulations, or any resolution of approval of regulations, to one committee or jointly to more than one committee. If a committee of the Senate acts to
[Page: S4309] GPO's PDF
(4) RESOLUTION OF APPROVAL.--In the case of a resolution of the Senate, the matter after the resolving clause shall be the following: ``the following regulations issued by the Sergeant at Arms on ---------- ----, 2------ are hereby approved:'' (the blank spaces being appropriately filled in and the text of the regulations being set forth).
(d) ISSUANCE AND EFFECTIVE DATE.--
(1) PUBLICATION.--After approval of the regulations under subsection (c), the Sergeant at Arms shall submit the regulations to the President pro tempore of the Senate for publication in the Congressional Record on the first day on which the Senate is in session following such transmittal.
(2) DATE OF ISSUANCE.--The date of issuance of the regulations shall be the date on which they are published in the Congressional Record under paragraph (1).
(3) EFFECTIVE DATE.--The regulations shall become effective not less than 60 days after the regulations are issued, except that the Sergeant at Arms may provide for an earlier effective date for good cause found (within the meaning of section 553(d)(3) of title 5, United States Code) and published with the regulation.
(e) AMENDMENT OF REGULATIONS.--Regulations may be amended in the same manner as is described in this section for the adoption, approval, and issuance of regulations, except that the Sergeant at Arms may dispense with publication of a general notice of proposed rulemaking of minor, technical, or urgent amendments that satisfy the criteria for dispensing with publication of such notice pursuant to section 553(b)(B) of title 5, United States Code.
(f) RIGHT TO PETITION FOR RULEMAKING.--Any interested party may petition to the Sergeant at Arms for the issuance, amendment, or repeal of a regulation.
SEC. 901. DEFINITIONS.
In this Act:
(1) OPERATOR OF A COMMERCIAL WEBSITE.--The term ``operator of a commercial website''--
(A) means any person who operates a website located on the Internet or an online service and who collects or maintains personal information f rom or about the users of or visitors to such website or online service, or on whose behalf such information i s collected or maintained, where such website or online service is operated for commercial purposes, including any person offering products or services for sale through that website or online service, involving commerce--
(i) among the several States or with 1 or more foreign nations;
(ii) in any territory of the United States or in the District of Columbia, or between any such territory and--
(I) another such territory; or
(II) any State or foreign nation; or
(iii) between the District of Columbia and any State, territory, or foreign nation; but
(B) does not include any nonprofit entity that would otherwise be exempt from coverage under section 5 of the Federal Trade Commission Act (15 U.S.C. 45).
(2) DISCLOSE.--The term ``disclose'' means the release of personally identifiable information a bout a user of an Internet service, online service, or commercial website by an Internet service provider, online service provider, or operator of a commercial website for any purpose, except where such information i s provided to a person who provides support for the internal operations of the service or website and who does not disclose or use that information f or any other purpose.
(3) RELEASE.--The term ``release of personally identifiable information'' m eans the direct or indirect, active or passive, sharing, selling, renting, or other provision of personally identifiable information o f a user of an Internet service, online service, or commercial website to any other person other than the user.
(4) INTERNAL OPERATIONS SUPPORT.--The term ``support for the internal operations of a service or website'' means any activity necessary to maintain the technical functionality of that service or website.
(5) COLLECT.--The term ``collect'' means the gathering of personally identifiable information a bout a user of an Internal service, online service, or commercial website by or on behalf of the provider or operator of that service or website by any means, direct or indirect, active or passive, including--
(A) an online request for such information b y the provider or operator, regardless of how the information i s transmitted to the provider or operator;
(B) the use of a chat room, message board, or other online service to gather the information; or
(C) tracking or use of any identifying code linked to a user of such a service or website, including the use of cookies.
(3) COOKIE.--The term ``cookie'' means any program, function, or device, commonly known as a ``cookie'', that makes a record on the user's computer (or other electronic device) of that user's access to an Internet service, online service, or commercial website.
(4) FEDERAL AGENCY.--The term ``Federal agency'' means an agency, as that term is defined in section 551(1) of title 5, United States Code.
(5) INTERNET.--The term ``Internet'' means collectively the myriad of computer and telecommunications facilities, including equipment and operating software, which comprise the interconnected world-wide network of networks that employ the Transmission Control Protocol/Internet Protocol, or any predecessor or successor protocols to such protocol, to communicate information o f all kinds by wire or radio.
(6) PERSONALLY IDENTIFIABLE INFORMATION b>.--The term
``personally identifiable information''
m eans individually identifiable information a bout an individual collected
online, including--
(A) a first and last name, whether given at birth or
adoption, assumed, or legally changed;
(B) a home or other physical address including street name
and name of a city or town;
(C) an e-mail address;
(D) a telephone number;
(E) a Social Security number;
(F) a credit card number;
(G) a birth date, birth certificate number, or place of
birth;
(H) any other identifier that the Commission determines
permits the physical or online contacting of a specific individual; or
(I) unique identifying information t hat an Internet service
provider, online service provider, or operator of a commercial website collects
and combines with an identifier described in this paragraph.
(7) INTERNET SERVICE PROVIDER; ONLINE SERVICE PROVIDER;
WEBSITE.--The Commission shall by rule define the terms ``Internet service
provider'', ``online service provider'', and ``website'', and shall revise or
amend such rule to take into account changes in technology, practice, or
procedure with respect to the collection of personal information o ver the Internet.
(8) OFFLINE.--The term ``offline'' refers to any
activity regulated by this Act or by section 2710 of title 18, United States
Code, that occurs other than by or through the active or passive use of an
Internet connection, regardless of the medium by or through which that
connection is established.
(9) ONLINE.--The term ``online'' refers to any
activity regulated by this Act or by section 2710 of title 18, United States
Code, that is effected by active or passive use of an Internet connection,
regardless of the medium by or through which that connection is established.
Mr. EDWARDS. Mr. President, Big Browser is watching you.
Almost every time, you or I or an American consumer surfs the Internet, someone
is tracking our movements. And someone is compiling a databank of information a bout our preferences and
could even be profiling us.
Maybe they're doing it to make our experience better. Most
of the time, they probably are. But too often we are being profiled for profit,
and at the expense of privacy.
I am proud to co-sponsor Senator HOLLINGS'
legislation, the Consumer Privacy
P rotection Act, that would help consumers gain control of their most
personal information. I believe
that the measure we introduce today is a step in the right direction. It strikes
the right balance. Privacy i s
protected, while critical elements of the information r evolution are preserved.
Consumer confidence in the Internet is bolstered, while businesses will not be
overburdened by the requirements.
We can enjoy the convenience of online shopping and allow
e-commerce to thrive without putting profits over privacy. Consumers, not dot.com companies,
should control the use of confidential information a bout buying habits, credit
card records and other personal information.
Mr. President, the time to act is now. If not, we may wake
up one day to find our privacy s o
thoroughly eroded that recovering it will be almost impossible.
No one denies that the rapid development of modern
technology has been beneficial. New and improved technologies have enabled us to
obtain information m ore quickly
and easily than ever before. Students can participate in classes that are being
taught in other states, or even in other countries. Almost no product or piece
of information i s beyond the
reach of Americans anymore. A farmer in Sampson County, North Carolina can go on
the Internet and compare prices for anything he needs to run his business. Or he
can look up critical weather information
o n the Internet. Or he can just order a hard-to-get book. Meanwhile,
companies have streamlined their processes for providing goods and services.
But these remarkable developments can have a startling
downside. They have made it easier to track personal information s uch as medical and financial
records and buying habits. They have made it profitable to do so. And in turn,
our ability to keep our personal information p rivate is being eaten away.
The impact of this erosion ranges from the merely
annoying--having your mailbox flooded with junkmail--to the actually
frightening--having your identity stolen or being turned down for a loan because
your bank got copies of your medical records. There are thousands of ways that
the loss of our privacy c an
impact us. Many of them are intangible--just the discomfort of knowing that
complete strangers can find out everything about you: where you shop, what books
you buy, whether you have allergies, and what your credit rating is. These
strangers may not do anything bad with the information, but they know all about you.
I think privacy i s a value per
se. Our founding fathers recognized it, and so too do most Americans.
``Liberty in the constitutional sense,'' wrote Justice
William O. Douglas, ``must mean more than freedom from unlawful governmental
restraint; it must include privacy
a s well, if it is to be a repository of freedom. The right to be let
alone is indeed the beginning of all freedom.''
Recent surveys indicate that the American public is
increasingly uneasy about the degradation of their privacy. In a recent Business Week poll,
92 percent of Internet users expressed discomfort about Web sites sharing
personal information w ith other
sites. Meanwhile, an FTC report issued yesterday indicated that only 42 percent
of the most popular Internet sites comply with the four key fair information p ractices--notice about what
data is collected, consumer choice about whether the data will be shared with
third-parties, consumer access to the data, and security regarding the
transmission of data.
We must be vigilant that our privacy d oes not become a commodity to be
bought and sold.
I would also like to point out one area of privacy p rotection that I have been
deeply interested in. Last November, I introduced the Telephone Call Privacy A ct. My bill would prevent
telecommunications companies from using an individual's personal phone call
records without their consent. Most Americans would be stunned to learn that the
law does not protect them from having their phone records sold to third parties.
Imagine getting a call one night--during dinner--and having a telemarketer try
to sell you membership in a travel club because your phone calling patterns show
frequent calls overseas. My legislation would prevent this from occurring
without the individuals's permission.
This measure we introduce today also contains a provision
relating to telephone privacy. It
differs in at least one key respect from the legislation I previously
introduced, but my hope is that as we discuss this issue over time, the
differences will be resolved.
Mr. President, let me conclude by thanking Senators
HOLLINGS and LEAHY for their leadership on this vital issue.
Senator HOLLINGS has crafted the comprehensive and thoughtful proposal
that we introduce today. Senator LEAHY has led a coalition of Senators
interested in this issue. I look forward to working with them and my other
colleagues in passing this measure.
Mr. CLELAND. Mr. President, the information h ighway began just a few
years ago as a footpath and is now an unlimited lane expressway with no rush
hour. People can now use the Internet to shop at virtual stores located
thousands of miles away, find turn-by-turn directions to far away destinations
and journey to hamlets, cities and states across the country--and indeed around
the world--without ever leaving home.
While the virtual world is available to us with a few key
strokes and mouse clicks, there is one area of the Internet that many are
finding troublesome. It is the collection and use of personnel data. All too
often web surfers are providing personal information a bout themselves at the
websites they visit, without their knowledge and consent. There is so much
information b eing collected every
day that it would take a building the size of the Library of Congress to store
it all in. That is a lot of information,
much of which is very personal and I believe it must be kept that way.
Concern about one's privacy o n the Internet is keeping people
from fully enjoying this marvelous technology. According to a recent survey by
the Center for Democracy & Technology, consumers' most pressing privacy i ssues are the sale of personal
information a nd tracking people's
use of the Web. In another recent survey, 66.7 percent of online ``window
shoppers'' state that assurances of privacy w ill be the basis for their
making online purchases. These surveys make the same point that was made when
credit cards were first introduced to the American public. Back then, credit
cards did not initially enjoy widespread usage because of a fear that others
could misuse the card. From these studies' findings it can be reasoned that the
Internet is experiencing the same effects because of privacy c oncerns. These concerns are
translating into lost opportunity, for consumers as well as electronic
businesses.
Most of the Dot Com companies doing business over the
Internet today are very cognizant of the fact that privacy i s a major concern for their
customers. Many of these firms allow visitors to their web site to ``opt out,''
or elect not to provide data they consider private and do not wish to give. A
Federal Trade Commission May 2000 Report to Congress found that 92 percent of a
random sampling of websites were collecting great amounts of personal information f rom consumers and only 14%
disclosed anything about how the information wo uld be used. More
interesting in this report was the finding that a mere 41% of the randomly
selected websites notified the visitor of their information pra ctices and offered the
visitor choices on how their personal identifying information wou ld be used. These report
findings seem to suggest that industry efforts by themselves are not sufficient
to control the gathering and dissemination of personal data.
There are some Dot Coms that are not concerned about the
privacy of their customers. These
firms are successfully collecting enormous amounts of data about a person and in
turn sell it to others or use it to intensify the advertising aimed at that
person. At one website visit, a company can collect some very interesting facts
about the person who is on the other end. While surfing the web the other day, I
hit on a website that was designed to provide me with information abo ut my PC. The report the
site provided opened my eyes about the types of information tha t could be obtained from a
website visitor in less one minute. In this small amount of time it could tell
what other sites I had visited, what sites I would likely visit in the future,
what plug-ins are installed on my PC, how my domain is configured and a whole
lot more information tha t I did
not understand. Many consider this type of tracking capability akin to stalking.
I believe that the information tha
t can be collected by website administrators can create problems for people
through a violation of trust and an invasion of privacy. No vice Internet users are
generally unaware, as I was until visiting this site, of the extent of the
information bei ng collected on
them. Even those who are aware of the capabilities of firms to collect private
data are frightened by what can happen with the information onc e it is collected.
I am proud to be cosponsoring the Consumer Privacy Pro tection Act of 2000 that was
introduced today by Senator HOLLINGS. This Act will legitimize the
practices currently being used by many reputable firms who are collecting
private data. Does it seem unreasonable that firms collecting private data
should notify consumers of the firm's information pra ctices, offer the consumer
choices on how the personal information
wil l be used, allow consumers to access the information tha t is collected on them and
require the firms to take reasonable steps to protect the security of the
information tha t is collected? I
think not. Firms like Georgia-based VerticalOne are already performing under
standards very similar to these. I believe that all firms should be held to the
same standard and that a level playing field should be established for every
firm that is collecting data. Taking these actions will translate into greater
consumer confidence in the Internet.
Increasing the level of protection for private information to a level that the people of
our nation can live with should be a welcome relief to those firms already
providing fair privacy tre atment
of their site visitors. This Act certainly will be a relief to the people who
are visiting their sites.
[Page: S4310] GPO's PDF
[Page: S4311] GPO's PDF
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