ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO ASSEMBLY BILL 218
August 19, 2013 - Offered by Representatives Sargent and Bies.
AB218-ASA1,1,7 1An Act to amend 111.322 (2m) (a) and 111.322 (2m) (b); and to create 106.54
2(10), 111.91 (2) (im) and 995.55 of the statutes; relating to: employer access to,
3and observation of, the personal Internet accounts of employees and applicants
4for employment; educational institution access to, and observation of, the
5personal Internet accounts of students and prospective students; landlord
6access to, and observation of, the personal Internet accounts of tenants and
7prospective tenants; and providing a penalty.
Analysis by the Legislative Reference Bureau
Current law does not regulate employer access to, or observation of, the
personal Internet accounts of employees and applicants for employment;
educational institution access to, or observation of, the personal Internet accounts
of students and prospective students; or landlord access to, or observation of, the
personal Internet accounts of tenants and prospective tenants.
This substitute amendment prohibits an employer, educational institution, or
landlord from:
1. Requesting or requiring an employee, applicant for employment, student,
prospective student, tenant, or prospective tenant to disclose a user name and

password or any other security information (access information) that protects access
to an Internet-based account that is created and used exclusively for purposes of
personal communications (personal Internet account) of the employee, applicant,
student, prospective student, tenant, or prospective tenant or to otherwise grant
access to or allow observation of that account.
2. Discharging, expelling, suspending, disciplining, or otherwise penalizing or
discriminating against an employee, student, tenant, or prospective tenant for
exercising the right under the substitute amendment to refuse to disclose that access
information or to otherwise grant that access or allow that observation, opposing
such a practice, filing a complaint or attempting to enforce that right, or testifying
or assisting in any action or proceeding to enforce that right.
3. Refusing to hire an applicant for employment or to admit a prospective
student because the applicant or prospective student refused to disclose that access
information or to otherwise grant that access or allow that observation.
The substitute amendment, however, permits an employer, educational
institution, or landlord to view, access, or use information about an employee,
applicant for employment, student, prospective student, tenant, or prospective
tenant that can be obtained without access information or that is available from the
public domain.
The substitute amendment also permits an employer or educational institution
to request or require an employee or student to disclose access information to the
employer or educational institution in order for the employer or educational
institution to gain access to or operate an electronic communications device supplied
or paid for in whole or in part by the employer or educational institution or in order
for the employer or educational institution to gain access to an account or service
provided by the employer or educational institution, obtained by virtue of the
employment relationship or admission to the educational institution, or used for
business or educational purposes.
The substitute amendment, in addition, permits an employer to do any of the
following:
1. Discharge or discipline an employee for transferring the employer's
proprietary or confidential information or financial data to the employee's personal
Internet account without the employer's authorization.
2. Conduct an investigation or require an employee to cooperate in an
investigation of any alleged unauthorized transfer of the employer's proprietary or
confidential information or financial data to the employee's personal Internet
account or of any other alleged employment-related misconduct, violation of the law,
or violation of the employer's work rules as specified in an employee handbook,
provided that in conducting or requiring cooperation in such an investigation the
employer may require the employee to grant access or allow observation of the
employee's personal Internet account, but may not require the employee to disclose
access information for that account.
3. Restrict or prohibit an employee's access to certain Internet sites while using
an electronic communications device supplied or paid for in whole or in part by the

employer (employer-provided electronic communications device) or while using the
employer's network or other resources.
4. Comply with a duty to screen applicants for employment prior to hiring or
a duty to monitor or retain employee communications that is established under state
or federal law, rules, or regulations or the rules of a self-regulatory organization, as
defined under the federal Securities Exchange Act of 1934 (self-regulatory
organization).
5. Requesting or requiring an employee to disclose the employee's personal
electronic mail address.
In addition, with respect to an employer, the substitute amendment provides:
1) that the prohibition created under the substitute amendment does not apply to a
personal Internet account or an electronic communications device of an employee
engaged in providing financial services who uses the account or device to conduct the
business of an employer that is subject to the content, supervision, and retention
requirements imposed by federal securities laws and regulations or by the rules of
a self-regulatory organization; and 2) that an employer that inadvertently obtains
access information for an employee's personal Internet account through the use of
an electronic device or program that monitors the employer's network or through an
employer-provided electronic communications device is not liable under the
substitute amendment for possessing that access information so long as the
employer does not use that access information to access the employee's personal
Internet account.
Finally, the substitute amendment provides that an employer, educational
institution, or landlord does not have a duty to search or monitor the activity of any
personal Internet account and is not liable for any failure to request or require access
to or observation of a personal Internet account of an employee, applicant for
employment, student, prospective student, tenant, or prospective tenant.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB218-ASA1,1 1Section 1. 106.54 (10) of the statutes is created to read:
AB218-ASA1,3,42 106.54 (10) (a) The division shall receive complaints under s. 995.55 (6) (b) and
3shall process the complaints in the same manner as employment discrimination
4complaints are processed under s. 111.39.
AB218-ASA1,3,75 (b) The division shall receive complaints under s. 995.55 (6) (c) and shall
6process the complaints in the same manner as housing discrimination complaints
7are processed under s. 106.50.
AB218-ASA1,2
1Section 2. 111.322 (2m) (a) of the statutes is amended to read:
AB218-ASA1,4,52 111.322 (2m) (a) The individual files a complaint or attempts to enforce any
3right under s. 103.02, 103.10, 103.13, 103.28, 103.32, 103.34, 103.455, 103.50,
4104.12, 106.04, 109.03, 109.07, 109.075, or 146.997, or 995.55, or ss. 101.58 to
5101.599 or 103.64 to 103.82.
AB218-ASA1,3 6Section 3. 111.322 (2m) (b) of the statutes is amended to read:
AB218-ASA1,4,107 111.322 (2m) (b) The individual testifies or assists in any action or proceeding
8held under or to enforce any right under s. 103.02, 103.10, 103.13, 103.28, 103.32,
9103.34, 103.455, 103.50, 104.12, 106.04, 109.03, 109.07, 109.075, or 146.997, or
10995.55,
or ss. 101.58 to 101.599 or 103.64 to 103.82.
AB218-ASA1,4 11Section 4. 111.91 (2) (im) of the statutes is created to read:
AB218-ASA1,4,1412 111.91 (2) (im) Employer access to the social networking Internet site of an
13employee that provides fewer rights and remedies to employees than are provided
14under s. 995.55.
AB218-ASA1,5 15Section 5. 995.55 of the statutes is created to read:
AB218-ASA1,4,16 16995.55 Internet privacy protection. (1) Definitions. In this section:
AB218-ASA1,4,1817 (a) "Access information" means a user name and password or any other security
18information that protects access to a personal Internet account.
AB218-ASA1,4,2319 (b) "Educational institution" means an institution of higher education, as
20defined in s. 108.02 (18); a technical college established under s. 38.02; a school, as
21defined in s. 38.50 (11) (a) 2.; a public school, as described in s. 115.01 (1); a charter
22school, as defined in s. 115.001 (1); a private school, as defined in s. 115.001 (3r); or
23a private educational testing service or administrator.
AB218-ASA1,5,424 (c) "Employer" means any person engaging in any activity, enterprise, or
25business employing at least one individual. "Employer" includes the state, its

1political subdivisions, and any office, department, independent agency, authority,
2institution, association, society, or other body in state or local government created or
3authorized to be created by the constitution or any law, including the legislature and
4the courts.
AB218-ASA1,5,75 (d) "Personal Internet account" means an Internet-based account that is
6created and used by an individual exclusively for purposes of personal
7communications.
AB218-ASA1,5,9 8(2) Restrictions on employer access to personal Internet accounts. (a)
9Except as provided in pars. (b), (c), and (d), no employer may do any of the following:
AB218-ASA1,5,1210 1. Request or require an employee or applicant for employment to disclose
11access information for the personal Internet account of the employee or applicant or
12to otherwise grant access to or allow observation of that account.
AB218-ASA1,5,1813 2. Discharge or otherwise discriminate against an employee for exercising the
14right under subd. 1. to refuse to disclose access information for, grant access to, or
15allow observation of the employee's personal Internet account, opposing a practice
16prohibited under subd. 1., filing a complaint or attempting to enforce any right under
17subd. 1., or testifying or assisting in any action or proceeding to enforce any right
18under subd. 1.
AB218-ASA1,5,2119 3. Refuse to hire an applicant for employment because the applicant refused
20to disclose access information for, grant access to, or allow observation of the
21applicant's personal Internet account.
AB218-ASA1,5,2222 (b) Paragraph (a) does not prohibit an employer from doing any of the following:
AB218-ASA1,6,323 1. Requesting or requiring an employee to disclose access information to the
24employer in order for the employer to gain access to or operate an electronic
25communications device supplied or paid for in whole or in part by the employer or in

1order for the employer to gain access to an account or service provided by the
2employer, obtained by virtue of the employee's employment relationship with the
3employer, or used for the employer's business purposes.
AB218-ASA1,6,64 2. Discharging or disciplining an employee for transferring the employer's
5proprietary or confidential information or financial data to the employee's personal
6Internet account without the employer's authorization.
AB218-ASA1,6,197 3. Subject to this subdivision, conducting an investigation or requiring an
8employee to cooperate in an investigation of any alleged unauthorized transfer of the
9employer's proprietary or confidential information or financial data to the
10employee's personal Internet account, if the employer has reasonable cause to
11believe that such a transfer has occurred, or of any other alleged
12employment-related misconduct, violation of the law, or violation of the employer's
13work rules as specified in an employee handbook, if the employer has reasonable
14cause to believe that activity on the employee's personal Internet account relating
15to that misconduct or violation has occurred. In conducting an investigation or
16requiring an employee to cooperate in an investigation under this subdivision, an
17employer may require an employee to grant access to or allow observation of the
18employee's personal Internet account, but may not require the employee to disclose
19access information for that account.
AB218-ASA1,6,2220 4. Restricting or prohibiting an employee's access to certain Internet sites while
21using an electronic communications device supplied or paid for in whole or in part
22by the employer or while using the employer's network or other resources.
AB218-ASA1,7,223 5. Complying with a duty to screen applicants for employment prior to hiring
24or a duty to monitor or retain employee communications that is established under

1state or federal laws, rules, or regulations or the rules of a self-regulatory
2organization, as defined in 15 USC 78c (a) (26).
AB218-ASA1,7,53 6. Viewing, accessing, or using information about an employee or applicant for
4employment that can be obtained without access information or that is available in
5the public domain.
AB218-ASA1,7,76 7. Requesting or requiring an employee to disclose the employee's personal
7electronic mail address.
AB218-ASA1,7,138 (c) Paragraph (a) does not apply to a personal Internet account or an electronic
9communications device of an employee engaged in providing financial services who
10uses the account or device to conduct the business of an employer that is subject to
11the content, supervision, and retention requirements imposed by federal securities
12laws and regulations or by the rules of a self-regulatory organization, as defined in
1315 USC 78c (a) (26).
AB218-ASA1,7,2014 (d) An employer that inadvertently obtains access information for an
15employee's personal Internet account through the use of an electronic device or
16program that monitors the employer's network or through an electronic
17communications device supplied or paid for in whole or in part by the employer is not
18liable under par. (a) for possessing that access information so long as the employer
19does not use that access information to access the employee's personal Internet
20account.
AB218-ASA1,7,23 21(3) Restrictions on educational institution access to personal Internet
22accounts.
(a) Except as provided in par. (b), no educational institution may do any
23of the following:
AB218-ASA1,8,3
11. Request or require a student or prospective student to disclose access
2information for the personal Internet account of the student or prospective student
3or to otherwise grant access to or allow observation of that account.
AB218-ASA1,8,94 2. Expel, suspend, discipline, or otherwise penalize any student for exercising
5the right under subd. 1. to refuse to disclose access information for, grant access to,
6or allow observation of the student's personal Internet account, opposing a practice
7prohibited under subd. 1., filing a complaint or attempting to enforce any right under
8subd. 1., or testifying or assisting in any action or proceeding to enforce any right
9under subd. 1.
AB218-ASA1,8,1210 3. Refuse to admit a prospective student because the prospective student
11refused to disclose access information for, grant access to, or allow observation of the
12prospective student's personal Internet account.
AB218-ASA1,8,1413 (b) Paragraph (a) does not prohibit an educational institution from doing any
14of the following:
AB218-ASA1,8,2015 1. Requesting or requiring a student to disclose access information to the
16educational institution in order for the institution to gain access to or operate an
17electronic communications device supplied or paid for in whole or in part by the
18institution or in order for the educational institution to gain access to an account or
19service provided by the institution, obtained by virtue of the student's admission to
20the educational institution, or used for educational purposes.
AB218-ASA1,8,2321 2. Viewing, accessing, or using information about a student or prospective
22student that can be obtained without access information or that is available in the
23public domain.
AB218-ASA1,8,25 24(4) Restrictions on landlord access to personal Internet accounts. (a)
25Except as provided in par. (b), no landlord may do any of the following:
AB218-ASA1,9,3
11. Request or require a tenant or prospective tenant to disclose access
2information for the personal Internet account of the tenant or prospective tenant or
3to otherwise grant access to or allow observation of that account.
AB218-ASA1,9,94 2. Discriminate in a manner described in s. 106.50 (2) against a tenant or
5prospective tenant for exercising the right under subd. 1. to refuse to disclose access
6information for, grant access to, or allow observation of the personal Internet account
7of the tenant or prospective tenant, opposing a practice prohibited under subd. 1.,
8filing a complaint or attempting to enforce any right under subd. 1., or testifying or
9assisting in any action or proceeding to enforce any right under subd. 1.
AB218-ASA1,9,1210 (b) Paragraph (a) does not prohibit a landlord from viewing, accessing, or using
11information about a tenant or prospective tenant that can be obtained without access
12information or that is available in the public domain.
AB218-ASA1,9,15 13(5) No duty to monitor. (a) Nothing in this section creates a duty for an
14employer, educational institution, or landlord to search or monitor the activity of any
15personal Internet account.
AB218-ASA1,9,2116 (b) An employer, educational institution, or landlord is not liable under this
17section for any failure to request or require that an employee, applicant for
18employment, student, prospective student, tenant, or prospective tenant grant
19access to, allow observation of, or disclose information that allows access to or
20observation of a personal Internet account of the employee, applicant for
21employment, student, prospective student, tenant, or prospective tenant.
AB218-ASA1,9,23 22(6) Enforcement. (a) Any person who violates sub. (2) (a), (3) (a), or (4) (a) may
23be required to forfeit not more than $1,000.
AB218-ASA1,9,2524 (b) An employee who is discharged or otherwise discriminated against in
25violation of sub. (2) (a) 2., an applicant for employment who is not hired in violation

1of sub. (2) (a) 3., a student who is expelled, suspended, disciplined, or otherwise
2penalized in violation of sub. (3) (a) 2., or a prospective student who is not admitted
3in violation of sub. (3) (a) 3., may file a complaint with the department, and the
4department shall process the complaint in the same manner as employment
5discrimination complaints are processed under s. 111.39. If the department finds
6that a violation of sub. (2) (a) 2. or 3. or (3) (a) 2. or 3. has been committed, the
7department may order the employer or educational institution to take such action
8authorized under s. 111.39 as will remedy the violation. Section 111.322 (2m) applies
9to a discharge or other discriminatory act arising in connection with any proceeding
10under this paragraph.
AB218-ASA1,10,1611 (c) A tenant or prospective tenant who is discriminated against in violation of
12sub. (4) (a) 2. may file a complaint with the department, and the department shall
13process the complaint in the same manner as housing discrimination complaints are
14processed under s. 106.50. If the department finds that a violation of sub. (4) (a) 2.
15has been committed, the department may order the landlord to take such action
16authorized under s. 106.50 as will remedy the violation.
AB218-ASA1,6 17Section 6. Initial applicability.
AB218-ASA1,10,2118 (1) Collective bargaining agreement. This act first applies to an employee
19who is affected by a collective bargaining agreement that contains provisions
20inconsistent with this act on the day on which the collective bargaining agreement
21expires or is extended, modified, or renewed, whichever occurs first.
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