article: SECTION 1. SHORT TITLE. This Act may be cited as the ``Television Viewer Privacy Act of 2003''. SEC. 2. PROTECTION OF PRIVACY OF USERS OF INTERACTIVE VIDEO-RELATED SERVICES. (a) In General.--An interactive video-related service provider may not collect, maintain, or disclose any personal viewing information regarding a subscriber to the service that is personally identifiable, without the prior written or electronic consent of such subscriber, except-- (1) to render, or conduct a legitimate business activity related to, the service provided to the subscriber by such provider, including billing for such service; or (2) as provided in subsection (c) or (d). (b) Requirements for Consent.--Consent shall not be considered to be made by a subscriber, for purposes of this subsection, unless prior to the writing or electronic communication granting the consent, the subscriber is provided a separate statement that clearly and conspicuously informs the subscriber of-- (1) the nature of personally identifiable information collected or to be collected with respect to the subscriber and the nature and use of such information; (2) the nature, frequency, and purpose of any disclosure that may be made of such information, including an identification of the types of persons to whom the disclosure may be made; (3) the period during which such information will be maintained by the interactive video-related service provider; (4) the limitations provided by this section with respect to the collection, maintenance, and disclosure of information by an interactive video-related service provider and the methods under subsections (f) and (g) by which such limitations may be enforced. If, after a statement referred to in the preceding sentence is provided to a subscriber, there is any change with respect to any of the information described in paragraphs (1) through (5), such statement shall not be sufficient for purposes of this subsection. (c) Disclosure Pursuant to Court Order.--An interactive video- related service provider may disclose such personally identifiable personal viewing information, to the extent necessary to comply with a court order authorizing such disclosure to a governmental entity, but only if-- (1) the subscriber is notified of such order by the person to whom the order is directed; and (2) in the proceeding relevant to such court order-- (A) such entity offers clear and convincing evidence that the subject of the information is reasonably suspected of engaging in criminal activity and that the information disclosed would be material evidence in the case; and (B) the subject of the information is afforded the opportunity to appear and contest such entity's claim. (d) Right of Subscriber to Access Information.--If personally identifiable viewing information regarding a subscriber to a service provided by an interactive video-related service provider is collected, the subscriber shall have access to such information for as long as such information is maintained. (e) Destruction of Information.--An interactive video-related service provider shall destroy any personally identifiable personal viewing information that is collected by the service as soon as such information is no longer necessary for the purpose for which it was collected or maintained pursuant to subsection (a) and there are no pending requests or orders for access to such information under subsection (d) or pursuant to a court order. (f) FTC Enforcement.-- (1) Unfair or deceptive act.--This section shall be enforced by the Federal Trade Commission as if the violation of this section were an unfair or deceptive act or practice proscribed under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). (2) Actions by ftc.--The Federal Trade Commission shall prevent any person from violating this section in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this section. Any entity that violates any provision of this section is subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act in the same manner, by the same means, and with the same jurisdiction, power, and duties as though all applicable terms and provisions of the Federal Trade Commission Act were incorporated into and made a part of this section. (3) Jurisdiction.--Notwithstanding section 5(a)(2) of the Federal Trade Commission Act (15 U.S.C. 45(a)(2)), communications common carriers shall be subject to the jurisdiction of the Federal Trade Commission for purposes of this section. (g) Enforcement by States.-- (1) In general.--In any case in which the attorney general of a State has reason to believe that an interest of the residents of that State has been or is threatened or adversely affected by any interactive video-related service provider who violates this section, the State may bring a civil action in a United States district court-- (A) to enjoin further violation of this section by the defendant; or (B) to obtain damages on behalf of residents of the State, as provided in paragraph (2). (2) Damages, fees, and costs.--In an action under paragraph (1)(B), the court may award-- (A) actual damages, but not less than liquidated damages computed at the rate of $100 a day for each day of violation or $1,000, whichever is higher; (B) punitive damages; and (C) reasonable attorneys' fees and other litigation costs reasonably incurred. (h) Other Remedies.--The remedies provided by this Act shall be in addition to any other lawful remedy available to a subscriber to an interactive video-related service. (i) Definitions.--For purposes of this section, the following definitions shall apply: (1) Interactive video-related services provider.-- (A) In general.--Except as provided in subparagraph (B), the term ``interactive video-related services provider'' means any person who has access to personal viewing information through-- (i) the provision of video programming (as such term is defined in section 602 of the Communications Act of 1934 (47 U.S.C. 522); (ii) services for recording of video programming; (iii) navigation devices, computer software, or information; (iv) converter boxes; (v) interactive communications equipment; or (vi) other equipment that is used by consumers to access multichannel video programming or other services offered through a service providing multichannel video programming. (B) Exception.--Such term shall not include any cable operator (as such term is defined in section 602 of the Communications Act of 1934. (2) Legitimate business activity.--The term ``legitimate business activity'' means, with respect to an interactive video-related service provider, any interaction between a consumer and the provider that is necessary to maintain the providing of a good or service requested by the consumer, including approving, guaranteeing, processing, administering, completing, enforcing, providing, or marketing a product, service, account, benefit, transaction, or payment method that is requested or approved by the consumer. (3) Personal viewing information.--The term ``personal viewing information'' means, with respect to multichannel video programming provided to a person, information regarding the video programming that the person views, displays, or records. (4) Personally identifiable information.--The term ``personally identifiable information'' does not include any record of aggregate data that does not identify particular persons. (5) Video programming.--The term ``video programming'' has the meaning given such term in section 602 of the Communications Act of 1934. (j) Preemption of State Laws.--This section supercedes any statute, regulation, or rule of a State or political subdivision of a State that expressly regulates the collection, maintenance, or disclosure of personal viewing information, regarding multichannel video programming, that is personally identifiable.
summary: Television Viewer Privacy Act of 2003 - Prohibits an interactive video-related service provider (provider) from collecting, maintaining, or disclosing any personally identifiable viewing information (information) regarding a subscriber without the prior written or electronic consent of such subscriber, except: (1) to render or conduct a legitimate business activity related to the service provided; (2) pursuant to a court order authorizing disclosure to a governmental entity; or (3) to such subscriber. Requires, for such consent, that the subscriber be provided a separate statement that clearly and conspicuously informs the subscriber of: (1) the nature of the information collected and its intended use; (2) the nature, frequency, and purpose of any disclosure that may be made; (3) the period during which the information will be maintained by the provider; and (4) required limitations with respect to the collection, maintenance, and disclosure of such information by the provider and the methods by which such limitations may be enforced. Requires a provider to destroy any collected information as soon as it is no longer necessary. Provides for: (1) enforcement through the Federal Trade Commission or by the States; and (2) damages, including actual and punitive damages.