AB788,1 1Section 1. 100.70 of the statutes is created to read:
AB788,3,3 2100.70 Privacy and security of information obtained by an Internet
3service provider.
(1) Definitions. In this section:
AB788,3,64 (a) “Breach of security” means any instance in which a person, without
5authorization or exceeding authorization, has gained access to, used, or disclosed
6customer proprietary information.
AB788,4,27 (b) 1. “Broadband Internet access service” means a mass-market retail service
8by wire or radio that provides the capability to transmit data and receive data from
9all or substantially all Internet endpoints, including any capabilities that are

1incidental to and enable the operation of the service, but excluding dial-up Internet
2access service.
AB788,4,53 2. “Broadband Internet access service” includes any service that the
4department finds is a functional equivalent of the service specified in subd. 1. or is
5used to evade the requirements under this section.
AB788,4,66 (c) “Customer” means any of the following:
AB788,4,87 1. A current or former subscriber to broadband Internet access service who
8resides in this state.
AB788,4,129 2. A person who resides in this state and uses or has used broadband Internet
10access service that is provided under an agreement between a current or former
11subscriber who resides in this state and a broadband Internet access service
12provider.
AB788,4,1413 (d) “Customer proprietary information” means any of the following
14information:
AB788,4,1815 1. Individually identifiable information that relates to the quantity, technical
16configuration, type, destination, location, or amount of use of a broadband Internet
17access service subscribed to by a customer of a provider of that service, and that is
18made available to the provider by the customer.
AB788,4,2019 2. Any information that is linked or reasonably able to be linked to an
20individual or a device.
AB788,4,2121 3. Content of a customer's communications.
AB788,4,2522 (e) “Material change” means any change that a customer, acting reasonably
23under the circumstances, would consider important to his or her decisions
24concerning his or her privacy, including any change to information required to be
25presented in the notice required under sub. (2) (b).
AB788,5,2
1(f) “Non-sensitive customer proprietary information” means customer
2proprietary information that is not sensitive customer proprietary information.
AB788,5,53 (g) “Opt-in approval” means the method for obtaining customer consent in
4which a provider obtains from the customer affirmative, express consent after the
5customer is provided appropriate notification of the provider's request for consent.
AB788,5,96 (h) “Opt-out approval” means the method for obtaining customer consent in
7which a customer is deemed to have consented if the customer has failed to object to
8a provider's request after the customer is provided with appropriate notification of
9the provider's request for consent.
AB788,5,1110 (i) “Prospective customer” means an applicant for broadband Internet access
11service who resides in this state.
AB788,5,1312 (j) “Sensitive customer proprietary information” means customer proprietary
13information that is any of the following:
AB788,5,1414 1. Financial information.
AB788,5,1515 2. Health information.
AB788,5,1616 3. Information pertaining to a child.
AB788,5,1717 4. A social security number.
AB788,5,1818 5. Precise geo-location information.
AB788,5,1919 6. Content of communications.
AB788,5,2120 7. Web browsing history, smart phone or tablet computer application usage
21history, and the functional equivalents of either.
AB788,5,2422 (k) “Subscriber” means a person who enters into an agreement for the provision
23of broadband Internet access services with a provider of broadband Internet access
24services. “Subscriber” does not include a person who resells services.
AB788,6,4
1(2) Notice requirements. (a) When notice required. 1. A broadband Internet
2access service provider shall make a notice available at all times to customers about
3its policies concerning the privacy of the information that the provider obtains about
4customers.
AB788,6,75 2. A broadband Internet access service provider shall notify a prospective
6customer, at the point of sale, prior to a purchase of service, about its policies
7concerning the privacy of information that the provider obtains about customers.
AB788,6,98 (b) Contents. A broadband Internet access service provider shall include all of
9the following in the notice provided to customers under par. (a):
AB788,6,1210 1. A specific description of the types of customer proprietary information that
11the broadband Internet access service provider collects from providing broadband
12Internet access service and how it uses that information.
AB788,6,1513 2. A specific description of the circumstances under which the broadband
14Internet access service provider discloses or permits access to each type of customer
15proprietary information that it collects.
AB788,6,1916 3. A specific description of the categories of entities to which the broadband
17Internet access service provider discloses or permits to access customer proprietary
18information and the purposes for which that information will be used by each
19category of entities.
AB788,6,2220 4. A specific description of the customer's rights to grant, deny, or withdraw
21approval concerning the customer's proprietary information, including each of the
22following:
AB788,6,2523 a. A statement that the customer's denial or withdrawal of approval to use,
24disclose, or permit access to customer proprietary information will not affect the
25provision of any broadband Internet access services to the customer.
AB788,7,3
1b. A statement that any grant, denial, or withdrawal of approval for the use,
2disclosure, or permission of access to customer proprietary information is valid until
3the customer affirmatively revokes the grant, denial, or withdrawal.
AB788,7,54 c. A statement that the customer has the right to deny or withdraw approval
5to use, disclose, or permit access to customer proprietary information at any time.
AB788,7,66 5. Access to a mechanism required under sub. (3) (d) 3.
AB788,7,117 (c) Material changes to a privacy policy. A broadband Internet access service
8provider shall provide a notice, through electronic mail or another means of prompt
9communication agreed upon by the customer, to a customer of a material change to
10its policies concerning the privacy of information that the provider obtains about the
11customer. The notice shall include all of the following:
AB788,7,1612 1. A specific description of the changes made to the provider's privacy policies,
13including any changes to what customer proprietary information the provider
14collects; how the provider uses, discloses, or permits access to that information; the
15categories of entities to which it discloses or permits access to customer proprietary
16information; and which, if any, changes are retroactive.
AB788,7,1717 2. The description required under par. (b) 4.
AB788,7,1818 3. Access to a mechanism required under sub. (3) (d) 3.
AB788,7,2219 (d) When translation required. If a broadband Internet access service provider
20transacts business with a customer in a language other than English, the provider
21shall translate the contents of the notices required under pars. (b) and (c) into the
22language through which the provider transacts business with the customer.
AB788,7,25 23(3) Customer approval. (a) Opt-in approval required. Except as provided
24under par. (c), a broadband Internet access service provider may not do any of the
25following unless the provider obtains opt-in approval from the customer:
AB788,8,2
11. Use, disclose, or permit access to any of the customer's sensitive customer
2proprietary information.
AB788,8,53 2. Use, disclose, or permit access to any of the customer's proprietary
4information previously collected by the provider for which the customer has not
5previously granted approval under this paragraph or par. (b).
AB788,8,96 (b) Opt-out approval required. 1. Except as provided under subd. 2. or par. (c),
7a broadband Internet access service provider may not use, disclose, or permit access
8to any of a customer's non-sensitive customer proprietary information unless the
9provider obtains opt-out approval from the customer.
AB788,8,1210 2. A broadband Internet access service provider may obtain opt-in approval
11from a customer to use, disclose, or permit access to any of the customer's
12non-sensitive customer proprietary information.
AB788,8,1613 (c) Permissible use without customer approval. A broadband Internet access
14service provider may use, disclose, or permit access to customer proprietary
15information without approval from the customer under par. (a) or (b) only for the
16following purposes:
AB788,8,1917 1. To provide the broadband Internet access service from which the information
18is derived, or in its provision of services necessary to, or used in, the provision of that
19service.
AB788,8,2020 2. To initiate, render, bill, or collect for broadband Internet access service.
AB788,8,2321 3. To protect the rights or property of the broadband Internet access service
22provider, or to protect users of the broadband Internet access service and other
23providers from fraudulent, abusive, or unlawful use of the service.
AB788,9,3
14. To provide any marketing, referral, or administrative services to a customer
2for the duration of a real-time interaction if the interaction was initiated by the
3customer.
AB788,9,54 5. To provide location information or non-sensitive customer proprietary
5information to any of the following:
AB788,9,96 a. A public safety answering point, as defined in s. 256.35 (1) (gm), emergency
7medical service provider, emergency dispatch provider, public safety official, fire
8service official, law enforcement official, or hospital emergency or trauma care
9facility, in order to respond to the user's request for emergency services.
AB788,9,1210 b. The user's legal guardian or a member of the user's immediate family, to
11inform about the user's location in an emergency situation that involves the risk of
12death or serious physical harm.
AB788,9,1513 c. A provider of information or database management services only for the
14purpose of assisting in the delivery of emergency services in response to an
15emergency.
AB788,9,1616 6. As otherwise required or authorized by law.
AB788,9,2117 (d) Solicitation and exercise of customer approval. 1. A broadband Internet
18access service provider shall request the approval required under par. (a) or (b) at the
19point of sale to a customer and at the time the provider makes a material change to
20its policies concerning the privacy of information that the provider obtains about a
21customer.
AB788,9,2422 2. A broadband Internet access service provider shall request customer
23approval clearly and conspicuously, in language that is readily understandable and
24not misleading, and each request shall include all of the following:
AB788,10,2
1a. A disclosure of the types of customer proprietary information for which the
2provider is seeking customer approval to use, disclose, or permit access to.
AB788,10,43 b. A disclosure of the purposes for which the customer's proprietary
4information will be used.
AB788,10,65 c. A disclosure of the categories of entities to which the provider intends to
6disclose or permit access to the customer proprietary information.
AB788,10,77 d. A means to easily access the notice required under sub. (2) (a) or (c).
AB788,10,88 e. A means to easily access the mechanism required under subd. 3.
AB788,10,119 3. A broadband Internet access service provider shall make available, at no
10additional cost to the customer, a mechanism for a customer to grant, deny, or
11withdraw opt-in approval or opt-out approval, or both, at any time.
AB788,10,1512 4. A broadband Internet access service provider shall give effect to a customer's
13grant, denial, or withdrawal of approval promptly, and the grant, denial, or
14withdrawal of approval shall remain in effect until the customer revokes or limits the
15grant, denial, or withdrawal of approval.
AB788,10,2016 5. If a broadband Internet access service provider transacts business with a
17customer in a language other than English, the provider shall translate the contents
18required under subd. 2. and the instructions for using the mechanism required under
19subd. 3. into the language through which the provider transacts business with the
20customer.
AB788,10,23 21(4) Data security. (a) A broadband Internet access service provider shall take
22reasonable security measures to protect customer proprietary information from
23unauthorized use, disclosure, or access.
AB788,11,3
1(b) In implementing reasonable security measures under par. (a), a broadband
2Internet access service provider shall appropriately take into account each of the
3following factors:
AB788,11,44 1. The nature and scope of the provider's activities.
AB788,11,55 2. The sensitivity of the data it collects.
AB788,11,66 3. The size of the provider.
AB788,11,77 4. The technical feasibility of implementing the security measures.
AB788,11,14 8(5) Data breach notification. (a) Customer notification. 1. Except as provided
9in subd. 4., a broadband Internet access service provider shall, without unreasonable
10delay, notify a customer about any breach of security involving customer proprietary
11information pertaining to that customer within 30 days after the provider reasonably
12determines that a breach of security has occurred unless the provider reasonably
13determines that no harm to the customer is reasonably likely to occur as a result of
14the breach of security.
AB788,11,1615 2. A broadband Internet access service provider shall notify a customer about
16a breach of security under subd. 1. by at least one of the following methods:
AB788,11,2017 a. A written notification sent to either the customer's electronic mail address
18or the postal address of record of the customer, or, for former customers, to the last
19postal address ascertainable after reasonable investigation using commonly
20available sources.
AB788,11,2221 b. Other electronic means of prompt communication agreed upon by the
22customer for contacting that customer for breach of security notification purposes.
AB788,11,2423 3. A broadband Internet access service provider shall provide all of the
24following information in a notice required under subd. 1.:
AB788,11,2525 a. The date, estimated date, or estimated date range of the breach of security.
AB788,12,3
1b. A description of the customer proprietary information that was involved in
2the breach of security or reasonably believed to have been involved in the breach of
3security.
AB788,12,64 c. Information that the customer may use to contact the provider to inquire
5about the breach of security and the customer proprietary information that the
6provider maintains about that customer.
AB788,12,87 d. Information about how to contact the department and any federal agencies
8relevant to the service provided to the customer.
AB788,12,139 e. If the breach of security creates a risk of financial harm, information about
10the national credit-reporting agencies and the steps customers can take to guard
11against identity theft, including any credit monitoring, credit reporting, credit
12freezes, or other consumer protections that the provider is offering customers
13affected by the breach of security, including security freezes under s. 100.54.
AB788,12,1514 4. Upon the request of a law enforcement agency, a broadband Internet access
15service provider shall not disclose a breach of security to a customer.
AB788,12,2116 (b) Notification to government agencies. 1. Except as provided in subd. 3., a
17broadband Internet access service provider shall notify the department and the
18department of justice of any breach of security affecting 5,000 or more customers no
19later than 7 business days after the provider reasonably determines that a breach
20of security has occurred and at least 3 business days before notifying the affected
21customers under par. (a) 1.
AB788,12,2522 2. Except as provided in subd. 3., a broadband Internet access service provider
23shall, without unreasonable delay, notify the department of any breach of security
24affecting fewer than 5,000 customers within 30 days after the provider reasonably
25determines that a breach of security has occurred.
AB788,13,3
13. A broadband Internet access service provider is not required to notify the
2department under subd. 1. or 2. if it reasonably determines that no harm to
3customers is reasonably likely to occur as a result of the breach of security.
AB788,13,74 (c) Record keeping. 1. Except as provided in subd. 3., a broadband Internet
5access service provider shall maintain a record, electronically or in some other
6manner, of each breach of security and the notifications made to customers under
7par. (a) 1. regarding that breach. The record shall include all of the following:
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