HOUSE BILL No. 5356 November 6, 1997, Introduced by Reps. Brewer, Cropsey and Kaza and referred to the Committee on Advanced Technology and Computer Development. A bill to regulate certain activities of interactive com- puter service providers; and to provide remedies. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 1. This act shall be known and may be cited as the 2 "internet privacy act". 3 Sec. 2. As used in this act: 4 (a) "Interactive computer service" or "service" means an 5 information distribution system that provides multiple persons 6 with computer access to the internet through a modem. 7 (b) "Internet" means a worldwide interconnection of individ- 8 ual networks operated by a government, industry, academia, and 9 private parties. 10 (c) "Personally identifiable information" means any data 11 that enables a person to identify a specific individual, and 12 includes but is not limited to the individual's name, social 03709'97 * DMS 2 1 security number, driver's license number, personal identification 2 card number, telephone number, residential address, electronic 3 mail address, photograph, and digital or electronic image. 4 (d) "Informed written consent" means a written statement 5 freely signed by a subscriber that identifies the rights of the 6 subscriber under this act and specifically authorizes an interac- 7 tive computer service to disclose to third parties personally 8 identifiable information about the subscriber. 9 (e) "Subscriber" means an individual who provides personally 10 identifiable information about himself or herself to an interac- 11 tive computer service. 12 (f) "Third party" means a person other than a subscriber, an 13 interactive computer service, or an employee of an interactive 14 computer service. 15 Sec. 3. An interactive computer service or an employee of 16 an interactive computer service shall not do any of the 17 following: 18 (a) Disclose to a third party personally identifiable infor- 19 mation about a subscriber that is in the possession or control of 20 the service, unless the subscriber has provided the service with 21 an informed, written consent to the disclosure. 22 (b) Knowingly falsify personally identifiable information 23 about a subscriber. 24 (c) Disclose to a third party personally identifiable infor- 25 mation about a subscriber that the service or employee knows is 26 false. 03709'97 * 3 1 Sec. 4. At a subscriber's request, an interactive computer 2 service shall do all of the following relating to personally 3 identifiable information about the subscriber that is maintained 4 by the service: 5 (a) Provide the subscriber with the subscriber's personally 6 identifiable information. 7 (b) Permit the subscriber to verify personally identifiable 8 information about the subscriber. 9 (c) Permit the subscriber to correct any error contained in 10 the personally identifiable information. 11 Sec. 5. (1) Upon the request of a subscriber, an interac- 12 tive computer service shall provide the subscriber with the iden- 13 tity of each third party to whom the service has released person- 14 ally identifiable information about the subscriber. 15 (2) An interactive computer service shall not charge a fee 16 for providing a subscriber with information described in this 17 section. 18 Sec. 6. A subscriber aggrieved by a violation of this act 19 may bring a civil action to obtain appropriate relief. 03709'97 * Final page. DMS