HOUSE BILL No. 6068


     May 9, 2002, Introduced by Rep. Bob Brown and referred to the Committee on Commerce.


        A bill to require internet service providers to obtain cer-

   tain identifying information from subscribers; to prescribe the

   powers and duties of certain law enforcement agencies; and to

   prescribe penalties.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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

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        "internet subscribers identifiers act".

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             Sec. 2.  As used in this act:

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             (a) "Internet service provider" means a person who provides

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        a service that enables a user in this state to access content,

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        information, electronic mail, or other services offered over the

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        internet.

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             (b) "Law enforcement agency" means the police department of

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        a city, township, or village, the sheriff's department of a




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        county, a prosecuting attorney's office, or any other

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        governmental law enforcement agency of this state.

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             (c) "Subscriber" means a person located in or residing in

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        this state who contracts or subscribes with an internet service

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        provider for any service provided by the internet service

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        provider.  The term includes a person that does not pay the

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        internet service provider for the service.

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             Sec. 3.  (1) An internet service provider located in or

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        doing business in this state or providing service to a subscriber

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        located or residing in this state shall obtain 1 or more of the

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        following from the subscriber at the time the subscriber con-

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        tracts or subscribes with the internet service provider for

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        service:

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             (a) A home or business telephone number of the subscriber.

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        The internet service provider shall verify that the telephone

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        number is valid before providing service to the subscriber.

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             (b) A credit card number of the subscriber.  The internet

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        service provider shall verify that the credit card number is

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        valid before providing service to the subscriber.

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             (c) If the subscriber contracts or subscribes by e-mail or

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        on-line or by any other electronic means, the telephone number of

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        the computer modem used by the subscriber to contract or sub-

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        scribe with the internet service provider.  The internet service

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        provider shall verify that the telephone number is valid before

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        providing service to the subscriber.

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             (2) An internet service provider shall retain a subscriber's

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        telephone or credit card number required under subsection (1) for



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        the period it provides service to the subscriber, and for an

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        additional 1 year after service to the subscriber is terminated.

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             Sec. 4.  An internet service provider presented with a war-

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        rant or other court order from the circuit court of a county

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        where a crime victim is located or resides shall provide the law

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        enforcement agency presenting the warrant or court order with the

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        information described in section 3, and any other information in

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        its possession concerning the subscriber described in the warrant

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        or court order.

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             Sec. 5.  An internet service provider who violates this act

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        is responsible for a state civil infraction and may be ordered to

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        pay a civil fine of not more than $5,000.00.
































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