PRINTER'S NO. 169
No. 179 Session of 2005
INTRODUCED BY CORMAN, FUMO, WONDERLING, RAFFERTY, COSTA, GORDNER, KASUNIC, TARTAGLIONE, KITCHEN, O'PAKE, LAVALLE, ERICKSON, D. WHITE, STACK, ORIE, WAUGH, RHOADES AND C. WILLIAMS, FEBRUARY 7, 2005
REFERRED TO COMMUNICATIONS AND TECHNOLOGY, FEBRUARY 7, 2005
AN ACT 1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania 2 Consolidated Statutes, requiring Internet service providers 3 to maintain confidentiality of certain information; and 4 imposing a penalty. 5 The General Assembly of the Commonwealth of Pennsylvania 6 hereby enacts as follows: 7 Section 1. Title 18 of the Pennsylvania Consolidated 8 Statutes is amended by adding a section to read: 9 § 7331. Internet service providers to maintain confidentiality 10 of certain information. 11 (a) Confidential information.--A provider of Internet 12 service shall keep confidential: 13 (1) All information concerning a subscriber, other than 14 the electronic mail address of the subscriber, unless the 15 subscriber gives permission, in writing or by electronic 16 mail, to the provider of Internet service to disclose the 17 information. 18 (2) The electronic mail address of a subscriber, if the
1 subscriber requests, in writing or by electronic mail, to 2 have the electronic mail address of the subscriber kept 3 confidential. Upon receiving a request from a subscriber, a 4 provider of Internet service shall keep confidential the 5 electronic mail address of the subscriber, unless the 6 subscriber gives permission, in writing or by electronic 7 mail, to the provider of Internet service to disclose the 8 electronic mail address of the subscriber. 9 (b) Notice.--A provider of Internet service shall provide 10 notice of the requirements of subsection (a) to each of its 11 subscribers. The notice must include, without limitation, a 12 conspicuous statement that a subscriber may request, in writing 13 or by electronic mail, to have the electronic mail address of 14 the subscriber kept confidential. 15 (c) Grading.--A provider of Internet service who violates 16 this section commits a summary offense and shall, upon 17 conviction, be sentenced to pay a fine of not less than $50 nor 18 more than $500 for each violation. 19 (d) Definition.--As used in this section, the term "provider 20 of Internet service" means a provider of Internet service who 21 charges a subscriber for access to the Internet or the 22 electronic mail address of the subscriber. 23 Section 2. This act shall take effect in 60 days. A7L18RLE/20050S0179B0169 - 2 -