text: 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.
target: 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.
feat_title: To prohibit the collection, by interactive video-related service providers, of personally identifiable information regarding the viewing choices of subscribers to such services.