,,ii #aaeth ,,congress #ast ,session ,s4 #ifd ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,april #bg1 #bjag ,mr4 ,blumenthal 7for himself and ,mr4 ,udall7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to protect broadband users from unfair or deceptive practices relating to privacy or data security1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,managing ,your ,data ,against ,telecom ,abuses ,act of #bjag or the ,,my ,,data ,act of #bjag4 #b4 ,protecting broadband users from unfair or deceptive acts or practices relating to privacy or data security 7a7 ,definitions ,in this section3 7#a7 ,broadband provider ,the term broadband provider means a person who provides a mass-market retail service by wire or radio that provides the capability to transmit data to and receive data from all or substantially all ,internet endpoints1 including any capabilities that are incidental to and enable the operation of the communications service1 but excluding dial-up ,internet access service4 7#b7 ,edge provider ,the term edge provider means any person who-- 7,a7 provides any content1 application1 or service over the ,internet2 or 7,b7 provides a device used for accessing any content1 application1 or service over the ,internet4 7b7 ,prohibition 7#a7 ,in general ,it is unlawful for a broadband provider or edge provider to use an unfair or deceptive act or practice relating to privacy or data security in or affecting commerce4 7#b7 ,rule of construction ,paragraph 7#a7 shall not be construed to imply that it was lawful before the date of the enactment of this ,act for a broadband provider or an edge provider to use an unfair or deceptive act or practice relating to privacy or data security in or affecting commerce4 7c7 ,regulations ,the ,federal ,trade ,commission may1 after consulting with the ,federal ,communications ,commission1 promulgate such regulations under section #eec of title #e1 ,united ,states ,code1 as the ,federal ,trade ,commission considers appropriate to carry out this section4 7d7 ,enforcement by ,federal ,trade ,commission 7#a7 ,unfair or deceptive acts or practices ,a violation of subsection 7b77#a7 shall be treated as an unfair or deceptive act or practice in violation of a regulation prescribed under section #ah7;a77#a77;,b7 of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #eg;a7a77#a77;,b77 regarding unfair or deceptive acts or practices4 7#b7 ,powers of ,commission 7,a7 ,in general ,except as provided in subparagraph 7,c71 the ,federal ,trade ,commission shall enforce this ,act in the same manner1 by the same means1 and with the same jurisdiction1 powers1 and duties as though all applicable terms and provisions of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #da et seq47 were incorporated into and made a part of this ,act4 7,b7 ,privileges and immunities ,except as provided in subparagraph 7,c71 any person who violates this ,act shall be subject to the penalties and entitled to the privileges and immunities provided in the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #da et seq474 7,c7 ,common carriers and nonprofit organizations ,notwithstanding section #d1 #e7;a77#b71 or #f of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #dd1 #de7;a77#b71 and #df7 or any jurisdictional limitation of the ,federal ,trade ,commission1 the ,commission shall also enforce this ,act1 in the same manner provided in subparagraphs 7,a7 and 7,b7 of this paragraph1 with respect to-- 7i7 common carriers subject to the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #aea et seq47 and ,acts amendatory thereof and supplementary thereto2 and 7ii7 organizations not organized to carry on business for their own profit or that of their members4 7e7 ,enforcement by ,states 7#a7 ,in general ,in any case in which the attorney general of a ,state has reason to believe that an interest of the residents of the ,state has been or is threatened or adversely affected by the engagement of any person subject to subsection 7b77#a7 in a practice that violates such subsection1 the attorney general of the ,state may1 as parens patriae1 bring a civil action on behalf of the residents of the ,state in an appropriate district court of the ,united ,states to obtain appropriate relief4 7#b7 ,rights of ,federal ,trade ,commission 7,a7 ,notice to ,federal ,trade ,commission 7i7 ,in general ,except as provided in clause 7iii71 the attorney general of a ,state shall notify the ,commission in writing that the attorney general intends to bring a civil action under paragraph 7#a7 before initiating the civil action against a person subject to subsection 7b77#a74 7ii7 ,contents ,the notification required by clause 7i7 with respect to a civil action shall include a copy of the complaint to be filed to initiate the civil action4 7iii7 ,exception ,if it is not feasible for the attorney general of a ,state to provide the notification required by clause 7i7 before initiating a civil action under paragraph 7#a71 the attorney general shall notify the ,commission immediately upon instituting the civil action4 7,b7 ,intervention by ,federal ,trade ,commission ,the ,commission may-- 7i7 intervene in any civil action brought by the attorney general of a ,state under paragraph 7#a72 and 7ii7 upon intervening-- 7,i7 be heard on all matters arising in the civil action2 and 7,,ii7 file petitions for appeal of a decision in the civil action4 7#c7 ,investigatory powers ,nothing in this subsection may be construed to prevent the attorney general of a ,state from exercising the powers conferred on the attorney general by the laws of the ,state to conduct investigations1 to administer oaths or affirmations1 or to compel the attendance of witnesses or the production of documentary or other evidence4 7#d7 ,action by ,federal ,trade ,commission ,if the ,federal ,trade ,commission institutes a civil action with respect to a violation of subsection 7b77#a71 the attorney general of a ,state may not1 during the pendency of such action1 bring a civil action under paragraph 7#a7 of this subsection against any defendant named in the complaint of the ,commission for the violation with respect to which the ,commission instituted such action4 7#e7 ,venue2 service of process 7,a7 ,venue ,any action brought under paragraph 7#a7 may be brought in-- 7i7 the district court of the ,united ,states that meets applicable requirements relating to venue under section #acia of title #bh1 ,united ,states ,code2 or 7ii7 another court of competent jurisdiction4 7,b7 ,service of process ,in an action brought under paragraph 7#a71 process may be served in any district in which the defendant-- 7i7 is an inhabitant2 or 7ii7 may be found4 7#f7 ,actions by other ,state officials 7,a7 ,in general ,in addition to civil actions brought by attorneys general under paragraph 7#a71 any other officer of a ,state who is authorized by the ,state to do so may bring a civil action under paragraph 7#a71 subject to the same requirements and limitations that apply under this subsection to civil actions brought by attorneys general4 7,b7 ,savings provision ,nothing in this subsection may be construed to prohibit an authorized official of a ,state from initiating or continuing any proceeding in a court of the ,state for a violation of any civil or criminal law of the ,state4 7#g7 ,authority preserved ,nothing in this ,act shall be construed to limit the authority of the ,federal ,trade ,commission under any other provision of law4