2017 - 2018 LEGISLATURE
September 15, 2017 - Offered by Senators Vinehout, Bewley, Ringhand,
Carpenter, L. Taylor, Risser, Hansen and Larson.
AB64-SA17,1,21 At the locations indicated, amend the bill, as shown by assembly substitute
2amendment 1, as follows:
AB64-SA17,1,3 31. Page 79, line 7: after that line insert: - See PDF for table PDF
AB64-SA17,1,4 42. Page 278, line 2: after that line insert:
AB64-SA17,1,5 5 Section 198g. 20.155 (3) (a) of the statutes is created to read:
AB64-SA17,1,86 20.155 (3) (a) Broadband expansion grants; general purpose revenue funding.
7As a continuing appropriation, the amounts in the schedule for broadband expansion
8grants under s. 196.504.”.
AB64-SA17,1,9 93. Page 723, line 11: after that line insert:
AB64-SA17,1,10 10 Section 1305c. 100.70 of the statutes is created to read:
1100.70 Privacy and security of information obtained by an Internet
2service provider.
(1) Definitions. In this section:
AB64-SA17,2,53 (a) “Breach of security” means any instance in which a person, without
4authorization or exceeding authorization, has gained access to, used, or disclosed
5customer proprietary information.
AB64-SA17,2,106 (b) 1. “Broadband Internet access service” means a mass-market retail service
7by wire or radio that provides the capability to transmit data and receive data from
8all or substantially all Internet endpoints, including any capabilities that are
9incidental to and enable the operation of the service, but excluding dial-up Internet
10access service.
AB64-SA17,2,1311 2. “Broadband Internet access service” includes any service that the
12department finds is a functional equivalent of the service specified in subd. 1. or is
13used to evade the requirements under this section.
AB64-SA17,2,1414 (c) “Customer” means any of the following:
AB64-SA17,2,1615 1. A current or former subscriber to broadband Internet access service who
16resides in this state.
AB64-SA17,2,2017 2. A person who resides in this state and uses or has used broadband Internet
18access service that is provided under an agreement between a current or former
19subscriber who resides in this state and a broadband Internet access service
AB64-SA17,2,2221 (d) “Customer proprietary information” means any of the following
AB64-SA17,3,223 1. Individually identifiable information that relates to the quantity, technical
24configuration, type, destination, location, or amount of use of a broadband Internet

1access service subscribed to by a customer of a provider of that service, and that is
2made available to the provider by the customer.
AB64-SA17,3,43 2. Any information that is linked or reasonably able to be linked to an
4individual or a device.
AB64-SA17,3,55 3. Content of a customer's communications.
AB64-SA17,3,96 (e) “Material change” means any change that a customer, acting reasonably
7under the circumstances, would consider important to his or her decisions
8concerning his or her privacy, including any change to information required to be
9presented in the notice required under sub. (2) (b).
AB64-SA17,3,1110 (f) “Non-sensitive customer proprietary information” means customer
11proprietary information that is not sensitive customer proprietary information.
AB64-SA17,3,1412 (g) “Opt-in approval” means the method for obtaining customer consent in
13which a provider obtains from the customer affirmative, express consent after the
14customer is provided appropriate notification of the provider's request for consent.
AB64-SA17,3,1815 (h) “Opt-out approval” means the method for obtaining customer consent in
16which a customer is deemed to have consented if the customer has failed to object to
17a provider's request after the customer is provided with appropriate notification of
18the provider's request for consent.
AB64-SA17,3,2019 (i) “Prospective customer” means an applicant for broadband Internet access
20service who resides in this state.
AB64-SA17,3,2221 (j) “Sensitive customer proprietary information” means customer proprietary
22information that is any of the following:
AB64-SA17,3,2323 1. Financial information.
AB64-SA17,3,2424 2. Health information.
AB64-SA17,3,2525 3. Information pertaining to a child.
14. A social security number.
AB64-SA17,4,22 5. Precise geo-location information.
AB64-SA17,4,33 6. Content of communications.
AB64-SA17,4,54 7. Web browsing history, smart phone or tablet computer application usage
5history, and the functional equivalents of either.
AB64-SA17,4,86 (k) “Subscriber” means a person who enters into an agreement for the provision
7of broadband Internet access services with a provider of broadband Internet access
8services. “Subscriber” does not include a person who resells services.
AB64-SA17,4,12 9(2) Notice requirements. (a) When notice required. 1. A broadband Internet
10access service provider shall make a notice available at all times to customers about
11its policies concerning the privacy of the information that the provider obtains about
AB64-SA17,4,1513 2. A broadband Internet access service provider shall notify a prospective
14customer, at the point of sale, prior to a purchase of service, about its policies
15concerning the privacy of information that the provider obtains about customers.
AB64-SA17,4,1716 (b) Contents. A broadband Internet access service provider shall include all of
17the following in the notice provided to customers under par. (a):
AB64-SA17,4,2018 1. A specific description of the types of customer proprietary information that
19the broadband Internet access service provider collects from providing broadband
20Internet access service and how it uses that information.
AB64-SA17,4,2321 2. A specific description of the circumstances under which the broadband
22Internet access service provider discloses or permits access to each type of customer
23proprietary information that it collects.
AB64-SA17,5,224 3. A specific description of the categories of entities to which the broadband
25Internet access service provider discloses or permits to access customer proprietary

1information and the purposes for which that information will be used by each
2category of entities.
AB64-SA17,5,53 4. A specific description of the customer's rights to grant, deny, or withdraw
4approval concerning the customer's proprietary information, including each of the
AB64-SA17,5,86 a. A statement that the customer's denial or withdrawal of approval to use,
7disclose, or permit access to customer proprietary information will not affect the
8provision of any broadband Internet access services to the customer.
AB64-SA17,5,119 b. A statement that any grant, denial, or withdrawal of approval for the use,
10disclosure, or permission of access to customer proprietary information is valid until
11the customer affirmatively revokes the grant, denial, or withdrawal.
AB64-SA17,5,1312 c. A statement that the customer has the right to deny or withdraw approval
13to use, disclose, or permit access to customer proprietary information at any time.
AB64-SA17,5,1414 5. Access to a mechanism required under sub. (3) (d) 3.
AB64-SA17,5,1915 (c) Material changes to a privacy policy. A broadband Internet access service
16provider shall provide a notice, through electronic mail or another means of prompt
17communication agreed upon by the customer, to a customer of a material change to
18its policies concerning the privacy of information that the provider obtains about the
19customer. The notice shall include all of the following:
AB64-SA17,5,2420 1. A specific description of the changes made to the provider's privacy policies,
21including any changes to what customer proprietary information the provider
22collects; how the provider uses, discloses, or permits access to that information; the
23categories of entities to which it discloses or permits access to customer proprietary
24information; and which, if any, changes are retroactive.
AB64-SA17,5,2525 2. The description required under par. (b) 4.