Internet Privacy: Overview and Legislation in the 109th Congress, 1st Session

Publication Date: January 2006

Publisher: Library of Congress. Congressional Research Service

Author(s):

Research Area: Government; Media, telecommunications, and information

Type:

Abstract:

Internet privacy issues encompass several types of concerns. One is the collection of personally identifiable information (PII) by website operators from visitors to government and commercial websites, or by software that is surreptitiously installed on a user's computer ("spyware") and transmits the information to someone else. Another is the monitoring of electronic mail and Web usage by the government or law enforcement officials, employers, or email service providers.

The September 11, 2001 terrorist attacks intensified debate over the issue of monitoring by the government and law enforcement officials, with some advocating increased tools to help them track down terrorists, and others cautioning that fundamental tenets of democracy, such as privacy, not be endangered in that pursuit. Congress passed the 2001 USA PATRIOT Act (P.L. 107-56) that, inter alia, makes it easier for law enforcement officials to monitor Internet activities. That act was amended by the Homeland Security Act (P.L. 107-296), loosening restrictions as to when, and to whom, Internet Service Providers may voluntarily release the content of communications if they believe there is a danger of death or injury. Some provisions of the USA PATRIOT Act, including two that relate to Internet use, would have expired on December 31, 2005. Congress passed a brief extension (to February 3, 2006) in P.L. 109-160. Debate over whether civil liberties protections need to be added if the provisions are to be made permanent is expected to continue in the second session of the 109th Congress. Revelations that President Bush directed the National Security Agency to monitor some communications, including e-mails, in the United States without warrants may affect those deliberations.

The debate over website information policies concerns whether industry self regulation or legislation is the best approach to protecting consumer privacy. Congress has considered legislation that would require commercial website operators to follow certain fair information practices, but the only law that has been enacted (COPPA, P.L. 105-277) concerns the privacy of children under 13, not the general public. Legislation has passed regarding information practices for federal government websites, including the E-Government Act (P.L. 107-347).

The growing controversy about how to protect computer users from "spyware" without creating unintended consequences is discussed briefly in this report, but in more detail in CRS Report RL32706. Another issue, identity theft, is not an Internet privacy issue per se, but is often debated in the context of whether the Internet makes identity theft more prevalent. For example, Internet-based practices called "phishing" and "pharming" may contribute to identity theft. Identity theft is briefly discussed in this report; more information is available in CRS Report RS22082, CRS Report RL31919, and CRS Report RL32535. Wireless privacy issues are discussed in CRS Report RL31636.

This is the final edition of this report. It provides an overview of Internet privacy issues and related laws passed in previous Congresses, and discusses legislative activity in the first session of the 109th Congress.