Amendment SA1-AB123

LRBa0497/1

KP:emw

2017 - 2018 LEGISLATURE

SENATE AMENDMENT 1, TO ASSEMBLY BILL 123

May 10, 2017 - Offered by Senators Carpenter, Hansen, Vinehout, Wirch and Risser.

AB123-SA1,1,1 At the locations indicated, amend the bill as follows:

AB123-SA1,1,5 1. Page 1, line 11: delete the material beginning with “and making" and ending with “appropriations" on line 12 and substitute “privacy and security of customer information obtained by a broadband Internet access service provider, making appropriations, and providing a criminal penalty”.

AB123-SA1,1,6 2. Page 9, line 20: after that line insert:

AB123-SA1,1,7 “ Section 21m. 100.70 of the statutes is created to read:

AB123-SA1,1,9 100.70 Privacy and security of information obtained by an Internet service provider. (1) Definitions. In this section:

AB123-SA1,1,12 (a) “Breach of security” means any instance in which a person, without authorization or exceeding authorization, has gained access to, used, or disclosed customer proprietary information.

AB123-SA1,2,5 (b) 1. “Broadband Internet access service” means a mass-market retail service by wire or radio that provides the capability to transmit data and receive data from all or substantially all Internet endpoints, including any capabilities that are incidental to and enable the operation of the service, but excluding dial-up Internet access service.

AB123-SA1,2,8 2. “Broadband Internet access service” includes any service that the department finds is a functional equivalent of the service specified in subd. 1. or is used to evade the requirements under this section.

AB123-SA1,2,9 (c) “Customer” means any of the following:

AB123-SA1,2,11 1. A current or former subscriber to broadband Internet access service who resides in this state.

AB123-SA1,2,15 2. A person who resides in this state and uses or has used broadband Internet access service that is provided under an agreement between a current or former subscriber who resides in this state and a broadband Internet access service provider.

AB123-SA1,2,17 (d) “Customer proprietary information” means any of the following information:

AB123-SA1,2,21 1. Individually identifiable information that relates to the quantity, technical configuration, type, destination, location, or amount of use of a broadband Internet access service subscribed to by a customer of a provider of that service, and that is made available to the provider by the customer.

AB123-SA1,2,23 2. Any information that is linked or reasonably able to be linked to an individual or a device.

AB123-SA1,2,24 3. Content of a customer's communications.

AB123-SA1,3,4 (e) “Material change” means any change that a customer, acting reasonably under the circumstances, would consider important to his or her decisions concerning his or her privacy, including any change to information required to be presented in the notice required under sub. (2) (b).

AB123-SA1,3,6 (f) “Non-sensitive customer proprietary information” means customer proprietary information that is not sensitive customer proprietary information.

AB123-SA1,3,9 (g) “Opt-in approval” means the method for obtaining customer consent in which a provider obtains from the customer affirmative, express consent after the customer is provided appropriate notification of the provider's request for consent.

AB123-SA1,3,13 (h) “Opt-out approval” means the method for obtaining customer consent in which a customer is deemed to have consented if the customer has failed to object to a provider's request after the customer is provided with appropriate notification of the provider's request for consent.

AB123-SA1,3,15 (i) “Prospective customer” means an applicant for broadband Internet access service who resides in this state.

AB123-SA1,3,17 (j) “Sensitive customer proprietary information” means customer proprietary information that is any of the following:

AB123-SA1,3,18 1. Financial information.

AB123-SA1,3,19 2. Health information.

AB123-SA1,3,20 3. Information pertaining to a child.

AB123-SA1,3,21 4. A social security number.

AB123-SA1,3,22 5. Precise geo-location information.

AB123-SA1,3,23 6. Content of communications.

AB123-SA1,3,25 7. Web browsing history, smart phone or tablet computer application usage history, and the functional equivalents of either.

AB123-SA1,4,3 (k) “Subscriber” means a person who enters into an agreement for the provision of broadband Internet access services with a provider of broadband Internet access services. “Subscriber” does not include a person who resells services.

AB123-SA1,4,7 (2) Notice requirements. (a) When notice required. 1. A broadband Internet access service provider shall make a notice available at all times to customers about its policies concerning the privacy of the information that the provider obtains about customers.

AB123-SA1,4,10 2. A broadband Internet access service provider shall notify a prospective customer, at the point of sale, prior to a purchase of service, about its policies concerning the privacy of information that the provider obtains about customers.

AB123-SA1,4,12 (b) Contents. A broadband Internet access service provider shall include all of the following in the notice provided to customers under par. (a):

AB123-SA1,4,15 1. A specific description of the types of customer proprietary information that the broadband Internet access service provider collects from providing broadband Internet access service and how it uses that information.

AB123-SA1,4,18 2. A specific description of the circumstances under which the broadband Internet access service provider discloses or permits access to each type of customer proprietary information that it collects.

AB123-SA1,4,22 3. A specific description of the categories of entities to which the broadband Internet access service provider discloses or permits to access customer proprietary information and the purposes for which that information will be used by each category of entities.

AB123-SA1,4,25 4. A specific description of the customer's rights to grant, deny, or withdraw approval concerning the customer's proprietary information, including each of the following:

AB123-SA1,5,3 a. A statement that the customer's denial or withdrawal of approval to use, disclose, or permit access to customer proprietary information will not affect the provision of any broadband Internet access services to the customer.

AB123-SA1,5,6 b. A statement that any grant, denial, or withdrawal of approval for the use, disclosure, or permission of access to customer proprietary information is valid until the customer affirmatively revokes the grant, denial, or withdrawal.

AB123-SA1,5,8 c. A statement that the customer has the right to deny or withdraw approval to use, disclose, or permit access to customer proprietary information at any time.

AB123-SA1,5,9 5. Access to a mechanism required under sub. (3) (d) 3.

AB123-SA1,5,14 (c) Material changes to a privacy policy. A broadband Internet access service provider shall provide a notice, through electronic mail or another means of prompt communication agreed upon by the customer, to a customer of a material change to its policies concerning the privacy of information that the provider obtains about the customer. The notice shall include all of the following:

AB123-SA1,5,19 1. A specific description of the changes made to the provider's privacy policies, including any changes to what customer proprietary information the provider collects; how the provider uses, discloses, or permits access to that information; the categories of entities to which it discloses or permits access to customer proprietary information; and which, if any, changes are retroactive.

AB123-SA1,5,20 2. The description required under par. (b) 4.

AB123-SA1,5,21 3. Access to a mechanism required under sub. (3) (d) 3.

AB123-SA1,5,25 (d) When translation required. If a broadband Internet access service provider transacts business with a customer in a language other than English, the provider shall translate the contents of the notices required under pars. (b) and (c) into the language through which the provider transacts business with the customer.

AB123-SA1,6,3 (3) Customer approval. (a) Opt-in approval required. Except as provided under par. (c), a broadband Internet access service provider may not do any of the following unless the provider obtains opt-in approval from the customer: