HOUSE BILL No. 4680


     May 1, 2001, Introduced by Reps. Bogardus, Hale, Kolb, Quarles, Ruth Johnson, Spade, Gieleghem, Woodward and Jacobs
and referred to the Committee on Commerce.


        A bill to regulate internet service providers and certain

   internet users; to provide certain rights of privacy associated

   with the use of the internet; and to provide remedies and pre-

   scribe penalties.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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           Sec. 1.  This act shall be known and may be cited as the

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      "internet privacy act".

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           Sec. 2.  As used in this act:

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           (a) "Internet" means a worldwide interconnection of individ-

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      ual computers and computer networks and the facilities and equip-

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      ment used to access those interconnected computers and computer

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      networks.

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           (b) "Internet service provider" means a person who is in the

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      business of providing customers with access to the internet.




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           (c) "Person" means an individual, partnership, corporation,

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      association, governmental entity, or other legal entity.

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           (d) "Personal nonpublic information" means personal informa-

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      tion about an individual including, but not limited to, an

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      individual's social security number, home address, business

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      address, electronic mail address, telephone number, or medical

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      information, that the individual has not authorized in writing to

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      be disclosed.

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           Sec. 3.  (1) An internet service provider shall not keep

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      records in any form or format of a customer's browsing patterns

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      or sell or distribute that information without first obtaining

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      the customer's written authorization.

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           (2) If a customer notifies an internet service provider that

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      the customer does not want the internet service provider to keep

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      records of the customer's browsing patterns, the internet service

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      provider shall not keep those records.

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           Sec. 4.  An internet service provider shall not divulge a

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      customer's electronic mail messages without first obtaining the

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      customer's written authorization.

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           Sec. 5.  Except as otherwise provided in section 6, a person

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      who violates this act is guilty of a misdemeanor punishable by

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      imprisonment for not more than 90 days or a fine of not more than

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      $1,000.00, or both.

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           Sec. 6.  A person who does either of the following is guilty

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      of a misdemeanor punishable by imprisonment for not more than

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      6 months or a fine of not more than $5,000.00, or both:





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           (a) Places personal nonpublic information regarding an

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      individual on the internet with the intent to cause an individual

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      physical or financial harm.

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           (b) Distributes or uses personal nonpublic information

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      regarding an individual obtained from the internet with the

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      intent to cause an individual physical or financial harm.

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           Sec. 7.  A person who suffers injuries as a result of a vio-

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      lation of this act may file a civil action against a person who

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      violates this act to recover damages and reasonable attorney fees

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      for their injuries.




































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