,i #aacth ,,congress #ast ,session ,h4 ,r4 #dia ,,in ,,the ,,house ,,of ,,representatives ,february #d1 #bjac ,mr4 ,smith of ,new ,jersey introduced the following bill2 which was referred to the ,committee on ,foreign ,affairs1 and in addition to the ,committees on ,ways and ,means and ,financial ,services1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to prevent ,united ,states businesses from cooperating with repressive governments in transforming the ,internet into a tool of censorship and surveillance1 to fulfill the responsibility of the ,united ,states ,government to promote freedom of expression on the ,internet1 to restore public confidence in the integrity of ,united ,states businesses1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,global ,online ,freedom ,act of #bjac4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,sec4 #b4 ,findings4 ,sec4 #c4 ,definitions4 ,sec4 #d4 ,severability4 ,title ,i--,promotion of global ,internet freedom ,sec4 #aja4 ,statement of policy4 ,sec4 #ajb4 ,sense of ,congress4 ,sec4 #ajc4 ,annual ,country ,reports on ,human ,rights ,practices4 ,sec4 #ajd4 ,annual designation of ,internet-restricting countries2 report4 ,sec4 #aje4 ,report on trade-related issues or disputes due to government censorship or disruption of the ,internet4 ,title ,,ii--,corporate transparency and accountability to protect online freedom ,sec4 #bja4 ,disclosure of human rights due diligence4 ,title ,,iii--,export controls on certain telecommunications equipment ,sec4 #cja4 ,export controls on certain telecommunications equipment4 #b4 ,findings ,congress makes the following findings3 7#a7 ,the political and economic benefits of the ,internet are important to advancing democracy and freedom throughout the world1 but the potential benefits of this transformative technology are under attack by authoritarian governments4 7#b7 ,a number of repressive foreign governments block1 restrict1 otherwise control1 and monitor the ,internet1 effectively transforming the ,internet into a tool of censorship and surveillance4 7#c7 ,a number of ,united ,states businesses have enabled repressive regimes to compromise the security of ,internet users engaged in peaceful discussion of political1 social1 and religious issues and severely limit their access to information and communication channels by selling these governments or their agents technology or training4 7#d7 ,a number of ,united ,states businesses have provided repressive governments with information about ,internet users who were the company's clients or were using the companies' products1 that has led to the arrest and imprisonment of the ,internet users4 7#e7 ,the actions of a number of ,united ,states businesses in cooperating with the efforts of repressive governments to transform the ,internet into a tool of censorship and surveillance have caused ,internet users in the ,united ,states and in foreign countries to lose confidence in the integrity of ,united ,states businesses4 7#f7 ,information and communication technology companies are to be commended for cooperating with civil society organizations1 academics1 and investors in founding the ,global ,network ,initiative1 in order to provide direction and guidance to the information and communication technology companies and others in protecting the free expression and privacy of ,internet users4 ,human rights due diligence by companies makes a difference4 7#g7 ,the ,united ,states ,government has a responsibility to protect freedom of expression on the ,internet1 to prevent ,united ,states businesses from directly and materially cooperating in human rights abuses perpetrated by repressive foreign governments1 and to restore public confidence in the integrity of ,united ,states business4 #c4 ,definitions ,in this ,act3 7#a7 ,appropriate congressional committees ,the term appropriate congressional committees means-- 7,a7 the ,committee on ,foreign ,affairs and the ,committee on ,financial ,services of the ,house of ,representatives2 and 7,b7 the ,committee on ,foreign ,relations and the ,committee on ,finance of the ,senate4 7#b7 ,foreign official ,the term foreign official means-- 7,a7 any officer or employee of a foreign government or of any department2 and 7,b7 any person acting in an official capacity for or on behalf of1 or acting under color of law with the knowledge of1 any such government or such department1 agency1 state-owned enterprise1 or instrumentality4 7#c7 ,internet ,the term ,internet has the meaning given the term in section #bca7;e77#c7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bca7;e77#c774 7#d7 ,internet-restricting country ,the term ,internet-restricting country means a country designated by the ,secretary of ,state pursuant to section #ajd7;a7 of this ,act4 7#e7 ,legitimate foreign law enforcement purpose 7,a7 ,in general ,the term legitimate foreign law enforcement purpose means for the purpose of enforcement1 investigation1 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 health1 safety1 or morals of the citizens of the jurisdiction of such official4 7,b7 ,rule of construction ,for purposes of this ,act1 the control1 suppression1 or punishment of peaceful expression of political1 religious1 or ideological opinion or belief shall not be construed to constitute a legitimate foreign law enforcement purpose4 ,among expression that should be construed to be protected against control1 suppression1 or punishment when evaluating a foreign government's claim of a legitimate foreign law enforcement purpose is expression protected by article #ai of the ,international ,covenant on ,civil and ,political ,rights4 7,c7 ,rule of construction ,no provision under this ,act shall be construed to affect a country's ability to adopt measures designed to combat infringement of intellectual property4 7#f7 ,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 purposes1 including-- 7,a7 deliberately blocking1 filtering1 or censoring information available via the ,internet based on the expression of political1 religious1 or ideological opinion or belief1 including by electronic mail2 or 7,b7 persecuting1 prosecuting1 or otherwise punishing an individual or group for posting or transmitting peaceful political1 religious1 or ideological opinion or belief via the ,internet1 including by electronic mail4 7#g7 ,united states business ,the term ,united ,states business means-- 7,a7 any corporation1 partnership1 association1 joint-stock company1 business trust1 unincorporated organization1 or sole proprietorship that-- 7i7 has its principal place of business in the ,united ,states2 or 7ii7 is organized under the laws of a ,state of the ,united ,states or a territory1 possession1 or commonwealth of the ,united ,states2 and 7,b7 any issuer of a security registered pursuant to section #ab of the ,securities ,exchange ,act of #aicd 7#ae ,u4,s4,c4 #ghl74 #d4 ,severability ,if any provision of this ,act1 or the application of such provision to any person or circumstance1 is held invalid1 the remainder of this ,act1 and the application of such provision to other persons not similarly situated or to other circumstances1 shall not be affected by such invalidation4 ,i ,promotion of global ,internet freedom #aja4 ,statement of policy ,it shall be the policy of the ,united ,states-- 7#a7 to promote as a fundamental component of ,united ,states foreign policy the right of every individual to freedom of opinion and expression1 including the right to hold opinions1 and to seek1 receive1 and impart information and ideas through any media and regardless of frontiers1 without interference2 7#b7 to use all appropriate instruments of ,united ,states influence1 including diplomacy1 trade policy1 and export controls1 to support1 promote1 and strengthen principles1 practices1 and values that promote the free flow of information without interference or discrimination1 including through the ,internet and other electronic media2 and 7#c7 to deter any ,united ,states business from cooperating with officials of ,internet-restricting countries in effecting the political censorship of online content4 #ajb4 ,sense of ,congress ,it is the sense of the ,congress that-- 7#a7 the ,president should1 through bilateral1 and where appropriate1 multilateral activities1 seek to obtain the agreement of other countries to promote the goals and objectives of this ,act and to protect ,internet freedom2 and 7#b7 to the extent possible in every country in which they operate1 ,united ,states businesses should work to-- 7,a7 ensure access to the ,web sites of the ,voice of ,america1 ,radio ,free ,europe_/,radio ,liberty1 ,radio ,free ,asia1 ,al-,hurra1 ,radio ,sawa1 ,radio ,farda1 ,radio ,marti1 ,,tv ,marti1 or other ,united ,states-supported ,web sites and online access to ,united ,states ,government reports such as the annual ,country ,reports on ,human ,rights ,practices1 the annual ,reports on ,international ,religious ,freedom1 and the annual ,trafficking in ,human ,persons ,reports2 and 7,b7 promote the security of ,internet users and expand their access to information and communication channels by limiting censorship of protected political and religious speech and information4 #ajc4 ,annual ,country ,reports on ,human ,rights ,practices 7a7 ,report relating to economic assistance ,section #aaf of the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #baean7 is amended by adding at the end the following new subsection3 7g7 7#a7 ,the report required by subsection 7d7 shall include an assessment of freedom of expression with respect to electronic information in each foreign country4 ,such assessment shall consist of the following3 7,a7 ,an assessment of the general extent to which ,internet access is available to and used by citizens in that country4 7,b7 ,an assessment of the extent to which government authorities in that country attempt to filter1 censor1 or otherwise block or remove nonviolent expression of political or religious opinion or belief via the ,internet1 including electronic mail1 as well as a description of the means by which such authorities attempt to block or remove protected speech4 7,c7 ,an assessment of the extent to which government authorities in that country have persecuted1 prosecuted1 or otherwise punished an individual or group for the nonviolent expression of political1 religious1 or ideological opinion or belief via the ,internet1 including electronic mail4 7,d7 ,an assessment of the extent to which government authorities in that country have sought to collect1 request1 obtain1 or disclose the personally identifiable information of a person in connection with that person's nonviolent expression of political1 religious1 or ideological opinion or belief1 including without limitation communication that would be protected by the ,international ,covenant on ,civil and ,political ,rights4 7,e7 ,an assessment of the extent to which wire communications and electronic communications are illicitly monitored in that country4 7#b7 ,in compiling data and making assessments for the purposes of paragraph 7#a71 ,united ,states diplomatic mission personnel shall consult with human rights organizations1 technology and ,internet companies1 and other appropriate nongovernmental organizations4 7#c7 ,in this subsection-- 7,a7 the term electronic communication has the meaning given the term in section #beaj of title #ah1 ,united ,states ,code2 7,b7 the term ,internet has the meaning given the term in section #bca7;e77#c7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bca7;e77#c772 7,c7 the term personally identifiable information means data in a form that identifies a particular person2 and 7,d7 the term wire communication has the meaning given the term in section #beaj of title #ah1 ,united ,states ,code4 4 7b7 ,report relating to security assistance ,section #ejb;,b of the ,foreign ,assistance ,act of #aifa 7#bb #ae ,u4,s4,c4 #bcjd7 is amended by adding at the end the following new subsection3 7j7 7#a7 ,the report required by subsection 7b7 shall include an assessment of freedom of expression with respect to electronic information in each foreign country4 ,such assessment shall consist of the following3 7,a7 ,an assessment of the general extent to which ,internet access is available to and used by citizens in that country4 7,b7 ,an assessment of the extent to which government authorities in that country attempt to filter1 censor1 or otherwise block or remove nonviolent expression of political or religious opinion or belief via the ,internet1 including electronic mail1 as well as a description of the means by which such authorities attempt to block or remove protected speech4 7,c7 ,an assessment of the extent to which government authorities in that country have persecuted1 prosecuted1 or otherwise punished an individual or group for the peaceful expression of political1 religious1 or ideological opinion or belief via the ,internet1 including electronic mail4 7,d7 ,an assessment of the extent to which government authorities in that country have sought to collect1 request1 obtain1 or disclose the personally identifiable information of a person in connection with that person's communication of ideas1 facts1 or views where such communication would be protected by the ,international ,covenant on ,civil and ,political ,rights4 7,e7 ,an assessment of the extent to which wire communications and electronic communications are illicitly monitored in that country4 7#b7 ,in compiling data and making assessments for the purposes of paragraph 7#a71 ,united ,states diplomatic mission personnel shall consult with human rights organizations1 technology and ,internet companies1 and other appropriate nongovernmental organizations4 7#c7 ,in this subsection-- 7,a7 the term electronic communication has the meaning given the term in section #beaj of title #ah1 ,united ,states ,code2 7,b7 the term ,internet has the meaning given the term in section #bca7;e77#c7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bca7;e77#c772 7,c7 the term personally identifiable information means data in a form that identifies a particular person2 and 7,d7 the term wire communication has the meaning given the term in section #beaj of title #ah1 ,united ,states ,code4 4 #ajd4 ,annual designation of ,internet-restricting countries2 report 7a7 ,designation 7#a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 and annually thereafter1 the ,secretary of ,state shall designate ,internet-restricting countries for purposes of this ,act4 7#b7 ,standard ,a foreign country shall be designated as an ,internet-restricting country if the ,secretary of ,state1 after consultation with the ,secretary of ,commerce1 determines1 based on the review of the evidence that the government of the country is directly or indirectly responsible for a systematic pattern of substantial restrictions on ,internet freedom during any part of the preceding #a-year period4 7b7 ,report 7#a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 and annually thereafter1 the ,secretary of ,state shall transmit to the appropriate congressional committees a report that contains the following3 7,a7 ,the name of each foreign country that at the time of the transmission of the report is designated as an ,internet-restricting country under subsection 7a74 7,b7 ,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 under subsection 7a74 7,c7 ,a description of efforts by the ,united ,states to counter the substantial restrictions on ,internet freedom referred to in subparagraph 7,b71 including a description and details of programs funded under any other provision of law with the purpose of promoting ,internet freedom4 7,d7 ,a description of the evidence used by the ,secretary of ,state to make the determinations under subsection 7a77#b74 7#b7 ,form ,the information required by paragraph 7#a77;,c7 may be provided in a classified form if necessary4 7#c7 ,public availability ,all unclassified portions of the report shall be made publicly available on the ,internet ,web site of the ,department of ,state4 #aje4 ,report on trade-related issues or disputes due to government censorship or disruption of the ,internet 7a7 ,report ,not later than #ij days after the date of the enactment of this ,act1 the ,united ,states ,trade ,representative1 in consultation with the ,secretary of ,state and the ,secretary of ,commerce1 shall transmit to the appropriate congressional committees a report on-- 7#a7 any trade-related issues or disputes that arise due to government censorship or disruption of the ,internet among ,united ,states trade partners2 and 7#b7 efforts by the ,united ,states ,government to address the issues or disputes described in paragraph 7#a7 either bilaterally or multilaterally4 7b7 ,sense of ,congress ,it is the sense of ,congress that the ,united ,states should pursue trade policies that expand the information economy by-- 7#a7 ensuring the free flow of information across the entire global network2 7#b7 promoting stronger international transparency rules2 and 7#c7 ensuring fair and equal treatment of online services regardless of country of origin4 ,,ii ,corporate transparency and accountability to protect online freedom #bja4 ,disclosure of human rights due diligence 7a7 ,in general ,section #ac of the ,securities ,exchange ,act of #aicd 7#ae ,u4,s4,c4 #ghm7 is amended by adding at the end the following3 7s7 ,disclosure of human rights due diligence 7#a7 ,disclosure ,except as provided in paragraph 7#c71 each ,internet communications service company that operates in an ,internet-restricting country shall include in the annual report of the company information relating to the company1 any subsidiary of the company1 and any entity under the control of either of such companies1 relating to the following3 7,a7 ,human rights due diligence ,company policies applicable to the company's internal operations that address human rights due diligence through a statement of policy that is consistent with applicable provisions of the ,guidelines for ,multinational ,enterprises issued by the ,organization for ,economic ,co-operation and ,development1 and whether such policy-- 7i7 is approved at the most senior level of the company2 7ii7 explicitly states the company's expectations of personnel1 business partners1 and other parties under the control of the company1 products1 or services2 7iii7 is publicly available and communicated internally and externally to all personnel1 business partners1 other relevant partners1 customers1 and users2 7iv7 is reflected in operational policies and procedures necessary to embed it throughout the company2 and 7v7 is independently assessed by a third party to demonstrate compliance in practice1 which should include-- 7,i7 whether the assessment was conducted under the supervision of any third party organization or multi-stakeholder initiative2 7,,ii7 a description of the assessment process2 7,,iii7 a description of measures taken to ensure the assessor's independence2 and 7,,iv7 inclusion of the assessor's public report4 7,b7 ,non-compliance ,if the company's policy does not comply with any of the requirements of clauses 7i7 through 7iv7 of subparagraph 7,a71 an explanation of why the company's policy does not meet each such requirement4 7,c7 ,policies pertaining to disclosure of personally identifiable information ,if the company collects or obtains personally identifiable information1 the contents of wire communications or electronic communications in electronic storage1 or the contents of wire communications or electronic communications in a remote computing service on the ,internet1 a summary of any internal policies or procedures of the company that set out how the company will assess and respond to requests by the governments of ,internet-restricting countries for disclosure of such personally identifiable information or communications4 7,d7 ,restrictions on ,internet search engines and ,internet content hosting services ,if the company creates1 provides1 or hosts an ,internet search engine or an ,internet content hosting service1 all steps taken to provide users and customers with clear1 prominent1 and timely notice when access to specific content has been removed or blocked at the request of an ,internet-restricting country4 7#b7 ,availability of information ,the ,commission shall make all information reported by an issuer pursuant to this subsection available online to the public4 7#c7 ,safe harbor 7,a7 ,in general ,an ,internet communications service company that operates in an ,internet-restricting country shall not be required to include in the annual report of the company information described in paragraph 7#a7 if the company includes in the annual report of the company a certification of the ,global ,network ,initiative or a multi-stakeholder initiative described in subparagraph 7,b7 that the company participates in good standing in the ,global ,network ,initiative or the multi-stakeholder initiative 7as the case may be74 7,b7 ,multi-stakeholder initiative ,a multi-stakeholder initiative referred to in subparagraph 7,a7 is an initiative that-- 7i7 is composed of civil society organizations1 including human rights organizations and ,internet communications service companies2 7ii7 promotes the rule of law and the adoption of laws1 policies1 and practices that protect1 respect1 and fulfill freedom of expression and privacy2 and 7iii7 requires each company participating in the initiative to undergo assessments by an independent third party described in subparagraph 7,c7 of the company's compliance with the standards described in clause 7ii74 7,c7 ,independent third party ,an independent third party referred to in subparagraph 7,b77iii7 is an entity accredited by the multi-stakeholder initiative to conduct assessments based on criteria that include-- 7i7 general expertise in legal and human rights standards2 and 7ii7 specific expertise in global business processes relating to information and communication technology1 including operations1 product development cycles1 market segments and industry relationships1 information technology privacy1 safety1 and security standards1 data retention systems1 and database forensics4 7#d7 ,definitions ,in this subsection3 7,a7 ,electronic communication and other title #ah definitions ,the terms electronic communication1 electronic communication service1 electronic storage1 wire communication1 and contents have the meanings given such terms in section #beaj of title #ah1 ,united ,states ,code4 7,b7 ,internet ,the term ,internet has the meaning given the term in section #bca7;e77#c7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bca7;e77#c774 7,c7 ,internet communications service company ,the term ,internet communications service company means an issuer that-- 7i7 is required to file an annual report with the ,commission2 and 7ii7 7,i7 provides electronic communication services or remote computing services1 but does not include-- 7aa7 businesses that provide such services as an ancillary service to the provision of lodging1 transportation1 or food services2 or 7bb7 activities conducted by a financial institution 7as such term is defined in section #ecab of title #ca1 ,united ,states ,code7 that are financial in nature1 even if such activities are conducted using the ,internet2 or 7,,ii7 is a domain name registrar1 domain name registry1 or other domain name registration authority4 7,d7 ,internet content hosting service ,the term ,internet content hosting service means a service that-- 7i7 stores1 through electromagnetic or other means1 electronic data1 such as the content of ,web pages1 electronic mail1 documents1 images1 audio and video files1 online discussion boards1 or ,web logs2 and 7ii7 makes such data available via the ,internet4 7,e7 ,internet-restricting country ,the term ,internet-restricting country has the meaning given such term under section #c of the ,global ,online ,freedom ,act of #bjac4 7,f7 ,internet search engine ,the term ,internet search engine means a service made available via the ,internet that1 on the basis of a query consisting of terms1 concepts1 questions1 or other data input by a user1 searches information available on the ,internet and returns to the user a link to or other means of locating1 viewing1 or downloading information or data available on the ,internet relating to such query4 7,g7 ,personally identifiable information ,the term personally identifiable information means data in a form that identifies a particular person4 7,h7 ,remote computing service ,the term remote computing service has the meaning given such term under section #bgaa7b7 of title #ah1 ,united ,states ,code4 4 7b7 ,rulemaking ,not later than the end of the #bgj-;day period beginning on the date of the enactment of this ,act1 the ,securities and ,exchange ,commission shall issue final rules to carry out section #ac7s7 of the ,securities and ,exchange ,act of #aicd1 as added by subsection 7a74 ,,iii ,export controls on certain telecommunications equipment #cja4 ,export controls on certain telecommunications equipment 7a7 ,in general ,section #f of the ,export ,administration ,act of #aigi 7#ej ,u4,s4,c4 ,app4 #bdje71 as continued in effect under the ,international ,emergency ,economic ,powers ,act1 is amended by adding at the end the following3 7t7 ,certain telecommunications equipment 7#a7 ,in general ,the ,secretary1 in consultation with the ,secretary of ,state1 the ,secretary of ,defense1 and the heads of other appropriate ,federal departments and agencies1 shall establish and maintain1 as part of the list maintained under this section1 a list of goods and technology that would serve the primary purpose of assisting1 or be specifically configured to assist1 a foreign government in acquiring the capability to carry out censorship1 surveillance1 or any other similar or related activity through means of telecommunications1 including the ,internet1 the prohibition or licensing of which would be effective in barring acquisition or enhancement of such capability4 7#b7 ,internet-restricting countries ,notwithstanding any other provision of law1 the ,secretary shall prohibit the export of goods or technology on the list established under paragraph 7#a7 to a government end user in any ,internet-restricting country4 7#c7 ,waiver ,the ,president may waive the application of paragraph 7#b7 with respect to export of goods or technology on the list established under paragraph 7#a7 on a case-by-case basis if the ,president determines and certifies to ,congress that it is in the national interests of the ,united ,states to do so4 7#d7 ,definitions ,in this subsection-- 7,a7 the term ,internet has the meaning given the term in section #bca7;e77#c7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bca7;e77#c772 7,b7 the term ,internet-restricting country means a country designated by the ,secretary of ,state pursuant to section #ajd7;a7 of the ,global ,online ,freedom ,act of #bjac2 7,c7 a government end user in a country-- 7i7 is an end user that is a government of that country1 or of a political subdivision of that country1 or is an agency or instrumentality of such a government2 and 7ii7 includes a telecommunications or ,internet service provider that is wholly or partially owned by a government of that country2 and 7,d7 an agency or instrumentality of a government is an agency or instrumentality of a foreign state1 as defined in section #afjc of title #bh1 ,united ,states ,code4 4 7b7 ,regulations 7#a7 ,in general ,not later than #a year after the date of the enactment of this ,act1 the ,president shall revise the ,export ,administration ,regulations and any other regulations necessary to carry out the amendment made by subsection 7a74 7#b7 ,export administration regulations ,in this subsection1 the term ,export ,administration ,regulations means the ,export ,administration ,regulations as maintained and amended under the authority of the ,international ,emergency ,economic ,powers ,act and codified1 as of the date of the enactment of this ,act1 in subchapter ,c of chapter ,,vii of title #ae1 ,code of ,federal ,regulations4 7c7 ,effective date ,section #f7t7 of the ,export ,administration ,act of #aigi1 as added by subsection 7a71 shall take effect on the date of the enactment of this ,act and shall apply with respect to the export of goods or technology on the list established under paragraph 7#a7 of such section on or after #a year after the date of the enactment of this ,act4