HOUSE BILL No. 4171


     February 9, 1999, Introduced by Reps. Bogardus, Minore, DeHart, Spade, Brater, Schauer, Quarles, Hale, Basham and Thomas and referred to the Committee on Energy and Technology.


        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:

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

 2    "internet privacy act".

 3         Sec. 2.  As used in this act:

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

 5    ual computers and computer networks and the facilities and equip-

 6    ment used to access those interconnected computers and computer

 7    networks.

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

 9    business of providing customers with access to the internet.




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

 2    association, governmental entity, or other legal entity.

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

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

 5    individual's social security number, home address, business

 6    address, electronic mail address, telephone number, or medical

 7    information, that the individual has not authorized in writing to

 8    be disclosed.

 9         Sec. 3.  An internet service provider shall not keep records

10    in any form or format of customers' browsing patterns or sell or

11    distribute that information unless the internet service provider

12    notifies the customer in advance of its intention to do so.  This

13    notification shall allow a person to respond to the internet

14    service provider that the person does not want the internet serv-

15    ice provider to keep records of the person's browsing patterns.

16    If a person notifies an internet service provider that the person

17    does not want the internet service provider to keep records of

18    the person's browsing patterns, the internet service provider

19    shall not keep such records.

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

21    person's electronic mail messages without the person's written

22    authorization to do so.

23         Sec. 5.  A person who violates this act, other than section

24    6, is guilty of a misdemeanor punishable by imprisonment for not

25    more than 90 days or a fine of not more than $100.00, or both.







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

 2    of a felony punishable by imprisonment for not more than 2 years

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

 4         (a) Places personal nonpublic information regarding an indi-

 5    vidual on the internet with the intent to cause an individual

 6    physical or financial harm.

 7         (b) Distributes or uses personal nonpublic information

 8    regarding an individual obtained from the internet with the

 9    intent to cause an individual physical or financial harm.

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

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

12    violates this act to recover damages for their injuries.
































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