,,ii  #aafth ,,congress  #ast ,session  
,s4 #aaaf  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,april #aj1    
#bjai,mrs4 ,blackburn introduced the    
following bill2 which was read twice and
 referred to the ,committee on          
,commerce1 ,science1 and ,transportation
  ,a ,,bill  ,to require providers of   
broadband internet access service and   
edge services to clearly and            
conspicuously notify users of the       
privacy policies of those providers1 to 
give users opt-in or opt-out approval   
rights with respect to the use of1      
disclosure of1 and access to user       
information collected by those providers
 based on the level of sensitivity of   
the information1 and for other purposes4
  #a4 ,short title ,this ,act may be    
cited as the ,balancing the ,rights ,of 
,web ,surfers ,equally and ,responsibly 
,act of #bjai or the ,,browser ,act of  
#bjai4  #b4 ,definitions ,in this ,act3 
7#a7 ,broadband internet access service 
7,a7 ,in general ,the term broadband    

internet access service means 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 ,functional equivalent2  
evasion ,the term broadband internet    
access service includes any service     
that-- 7i7 the ,commission finds to be  
providing a functional equivalent of the
 service described in subparagraph 7,a72
 or  7ii7 is used to evade the          
protections set forth in this ,act4     
7#b7 ,commission ,the term ,commission  
means the ,federal ,trade ,commission4  
7#c7 ,covered service ,the term covered 
service means-- 7,a7 broadband internet 
access service2 or  7,b7 an edge        
service4  7#d7 ,edge service ,the term  
edge service--  7,a7 means a service    
provided over the internet-- 7i7 for    

which the provider requires the user to 
subscribe or establish an account in    
order to use the service2  7ii7 that the
 user purchases from the provider of the
 service without a subscription or      
account2  7iii7 by which a program      
searches for and identifies items in a  
database that correspond to keywords or 
characters specified by the user1 used  
especially for finding particular sites 
on the world wide web2 or  7iv7 by which
 the user divulges sensitive user       
information2 and  7,b7 includes a       
service described in subparagraph 7,a7  
that is provided through a software     
program1 including a mobile application4
  7#e7 ,emergency services ,the term    
emergency services has the meaning given
 the term in section #bbb of the        
,communications ,act of #aicd 7#dg      
,u4,s4,c4 #bbb74  7#f7 ,material ,the   
term material means1 with respect to a  
change in a privacy policy of a provider
 of a covered service1 any change in the
 policy that a user of the service1     

acting reasonably under the             
circumstances1 would consider important 
to the decisions of the user regarding  
the privacy of the user1 including any  
change to information required to be    
included in a privacy notice under      
section #c4  7#g7 ,mobile application   
,the term mobile application means a    
software program that runs on the       
operating system of a mobile device4    
7#h7 ,non-sensitive user information    
,the term non-sensitive user information
 means any user information that is not 
sensitive user information4  7#i7       
,opt-in approval ,the term opt-in       
approval means a method for obtaining   
from a user of a covered service consent
 to use1 disclose1 or permit access to  
sensitive user information under which  
the provider of the service obtains     
express consent allowing the requested  
usage of1 disclosure of1 or access to   
the sensitive user information4  7#aj7  
,opt-out approval ,the term opt-out     
approval means a method for obtaining   

from a user of a covered service consent
 to use1 disclose1 or permit access to  
non-sensitive user information under    
which the user is deemed to have        
consented to the use of1 disclosure of1 
or access to the non-sensitive user     
information if the user has failed to   
object to the use1 disclosure1 or       
access4  7#aa7 ,public safety answering 
point ,the term public safety answering 
point has the meaning given the term in 
section #bbb of the ,communications ,act
 of #aicd 7#dg ,u4,s4,c4 #bbb74  7#ab7  
,sensitive user information ,the term   
sensitive user information includes any 
of the following3  7,a7 ,financial      
information4  7,b7 ,health information4 
7,c7 ,information pertaining to children
 under the age of #ac4  7,d7 ,social    
,security number4  7,e7 ,precise        
geolocation information4  7,f7 ,content 
of communications4  7,g7 ,web browsing  
history1 history of usage of a software 
program 7including a mobile             
application71 and the functional        

equivalents of either4  7#ac7 ,state    
,the term ,state means each of the      
several ,states1 the ,district of       
,columbia1 the ,commonwealth of ,puerto 
,rico1 ,guam1 ,american ,samoa1 the     
,united ,states ,virgin ,islands1 the   
,commonwealth of the ,northern ,mariana 
,islands1 any other territory or        
possession of the ,united ,states1 and  
each federally recognized ,indian       
,tribe4  7#ad7 ,user ,the term user     
means1 with respect to a covered        
service1 a person who-- 7,a7 is a       
current or former--  7i7 subscriber to  
the service2 or  7ii7 holder of an      
account for the service2  7,b7 purchases
 the service without a subscription or  
account2  7,c7 is an applicant for the  
service2 or  7,d7 in the case of a      
service described in clause 7iii7 or    
7iv7 of paragraph 7#d77;,a71 uses the   
service4  7#ae7 ,user information ,the  
term user information means any         
information that--  7,a7 a provider of a
 covered service acquires in connection 

with the provision of the service2 and  
7,b7 is linked or reasonably linkable to
 an individual4  #c4 ,notice of privacy 
policies  7a7 ,in general ,a provider of
 a covered service shall provide a user 
of the service with clear and           
conspicuous notice of the privacy       
policies of the provider with respect to
 the service4  7b7 ,availability to     
prospective users ,the notice required  
by subsection 7a7 shall be made         
available to a prospective user of a    
covered service--  7#a7 at the point of 
sale of1 subscription to1 or            
establishment of an account for the     
covered service1 prior to that sale1    
subscription1 or establishment1 without 
regard to whether the point of sale1    
subscription1 or establishment is in    
person1 online1 over the telephone1 or  
through another means2 or  7#b7 if there
 is no such sale1 subscription1 or      
establishment1 before the user uses the 
service4  7c7 ,persistent availability  
,the notice required by subsection 7a7  

shall be made persistently available4   
7d7 ,material changes ,a provider of a  
covered service shall provide a user of 
the service with clear and conspicuous  
advance notice of any material change to
 the privacy policies of the provider   
with respect to the service4  #d4 ,user 
opt-in or opt-out approval rights based 
on sensitivity of information  7a7      
,opt-,in approval required for sensitive
 user information ,except as provided in
 subsection 7c71 a provider of a covered
 service shall obtain opt-in approval   
from a user to use1 disclose1 or permit 
access to the sensitive user information
 of the user4  7b7 ,opt-,out approval   
required for non-,sensitive user        
information ,except as provided in      
subsection 7c71 a provider of a covered 
service-- 7#a7 shall obtain opt-out     
approval from a user to use1 disclose1  
or permit access to any of the          
non-sensitive user information of the   
user2 or  7#b7 if the provider so       
chooses1 may comply with the requirement

 of paragraph 7#a7 by obtaining opt-in  
approval from the user to use1 disclose1
 or permit access to any of the         
non-sensitive user information of the   
user4  7c7 ,limitations and exceptions  
,a provider of a covered service may    
use1 disclose1 or permit access to user 
information without user approval for   
the following purposes3  7#a7 ,in       
providing the covered service from which
 the information is derived1 or in      
providing services necessary to1 or used
 in1 the provision of the service4  7#b7
 ,to initiate1 render1 bill for1 and    
collect for the covered service4  7#c7  
,to protect the rights or property of   
the provider1 or to protect users of the
 covered service and other service      
providers from fraudulent1 abusive1 or  
unlawful use of the service4  7#d7 ,to  
provide location information or         
non-sensitive user information-- 7,a7 to
 a public safety answering point1       
emergency medical service provider or   
emergency dispatch provider1 public     

safety1 fire service1 or law enforcement
 official1 or hospital emergency or     
trauma care facility1 in order to       
respond to the request of the user for  
emergency services2  7,b7 to inform the 
legal guardian of the user1 or members  
of the immediate family of the user1 of 
the location of the user in an emergency
 situation that involves the risk of    
death or serious physical harm2 or  7,c7
 to providers of information or database
 management services solely for purposes
 of assisting in the delivery of        
emergency services in response to an    
emergency4  7#e7 ,as otherwise required 
or authorized by law4  7d7 ,mechanism   
for exercising user approval  7#a7 ,in  
general ,a provider of a covered service
 shall make available a simple1         
easy-to-use mechanism for a user to     
grant1 deny1 or withdraw opt-in approval
 or opt-out approval at any time4  7#b7 
,form and manner ,the mechanism required
 by paragraph 7#a7 shall be-- 7,a7 clear
 and conspicuous2 and  7,b7 made        

available-- 7i7 at no additional cost to
 the user2 and  7ii7 in a language other
 than ,english1 if the provider         
transacts business with the user in that
 other language4  7#c7 ,effect ,the     
grant1 denial1 or withdrawal of opt-in  
approval or opt-out approval by a user  
shall-- 7,a7 be given effect promptly2  
and  7,b7 remain in effect until the    
user revokes or limits the grant1       
denial1 or withdrawal of approval4  #e4 
,service offers conditioned on waivers  
of privacy rights ,a provider of a      
covered service may not--  7#a7         
condition1 or effectively condition1    
provision of the service on agreement by
 a user to waive privacy rights         
guaranteed by law or regulation1        
including this ,act2 or  7#b7 terminate 
the service or otherwise refuse to      
provide the service as a direct or      
indirect consequence of the refusal of a
 user to waive any privacy rights       
described in paragraph 7#a74  #f4       
,enforcement by ,federal ,trade         

,commission  7a7 ,general application   
,the requirements of this ,act apply1   
according to their terms1 to-- 7#a7     
those persons1 partnerships1 and        
corporations over which the ,commission 
has authority pursuant to section       
#e7;a77#b7 of the ,federal ,trade       
,commission ,act 7#ae ,u4,s4,c4         
#de7;a77#b772 and  7#b7 providers of    
broadband internet access service1      
notwithstanding the exception in such   
section #e7;a77#b7 for common carriers  
subject to the ,communications ,act of  
#aicd 7#dg ,u4,s4,c4 #aea et seq474  7b7
 ,unfair or deceptive acts or practices 
,a violation of this ,act shall be      
treated as an unfair or deceptive act or
 practice in or affecting commerce for  
purposes of section #e7;a77#b7 of the   
,federal ,trade ,commission ,act 7#ae   
,u4,s4,c4 #de7;a77#b774  7c7 ,powers of 
,commission ,except as provided in      
subsection 7a77#b7 of this section--    
7#a7 the ,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 ,act2 and 
7#b7 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 ,act4  #g4           
,relationship to other law  7a7         
,preemption of ,state law ,no ,state or 
political subdivision of a ,state shall1
 with respect to a provider of a covered
 service subject to this ,act1 adopt1   
maintain1 enforce1 or impose or continue
 in effect any law1 rule1 regulation1   
duty1 requirement1 standard1 or other   
provision having the force and effect of
 law relating to or with respect to the 
privacy of user information4  7b7 ,other
 ,federal law  7#a7 ,in general ,except 
as provided in paragraph 7#b71 nothing  
in this ,act shall be construed to      

supersede any ,federal statute or       
regulation relating to information      
privacy4  7#b7 ,communications ,act of  
#aicd ,insofar as any provision of the  
,communications ,act of #aicd 7#dg      
,u4,s4,c4 #aea et seq47 or any          
regulations promulgated under that ,act 
apply to any person1 partnership1 or    
corporation subject to this ,act with   
respect to privacy policies1 terms of   
service1 and practices covered by this  
,act1 the provision or regulations shall
 have no force or effect1 unless the    
regulations pertain to emergency        
services4