[DOCID: f:hr481p1.110]
From the House Reports Online via GPO Access
[wais.access.gpo.gov]
110th Congress Rept. 110-481
HOUSE OF REPRESENTATIVES
1st Session Part 1
======================================================================
GLOBAL ONLINE FREEDOM ACT OF 2007
_______
December 10, 2007.--Ordered to be printed
_______
Mr. Lantos, from the Committee on Foreign Affairs, submitted the
following
R E P O R T
[To accompany H.R. 275]
[Including cost estimate of the Congressional Budget Office]
The Committee on Foreign Affairs, to whom was referred the
bill (H.R. 275) to promote freedom of expression on the
Internet, to protect United States businesses from coercion to
participate in repression by authoritarian foreign governments,
and for other purposes, having considered the same, report
favorably thereon with an amendment and recommend that the bill
as amended do pass.
TABLE OF CONTENTS
Page
The Amendment.................................................... 1
Summary.......................................................... 9
Background and Purpose for the Legislation....................... 9
Hearings......................................................... 11
Committee Consideration.......................................... 11
Votes of the Committee........................................... 11
Committee Oversight Findings..................................... 11
New Budget Authority and Tax Expenditures........................ 11
Congressional Budget Office Cost Estimate........................ 12
Performance Goals and Objectives................................. 14
Constitutional Authority Statement............................... 14
New Advisory Committees.......................................... 14
Congressional Accountability Act................................. 14
Earmark Identification........................................... 14
Section-by-Section Analysis and Discussion....................... 14
Changes in Existing Law Made by the Bill, as Reported............ 17
The Amendment
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Global Online
Freedom Act of 2007''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
Sec. 4. Severability.
TITLE I--PROMOTION OF GLOBAL INTERNET FREEDOM
Sec. 101. Statement of policy.
Sec. 102. Sense of Congress.
Sec. 103. Annual country reports on human rights practices.
Sec. 104. Office of Global Internet Freedom.
Sec. 105. Annual designation of Internet-restricting countries; report.
TITLE II--MINIMUM CORPORATE STANDARDS FOR ONLINE FREEDOM
Sec. 201. Protection of personally identifiable information.
Sec. 202. Integrity of personally identifiable information.
Sec. 203. Transparency regarding search engine filtering.
Sec. 204. Transparency regarding Internet censorship.
Sec. 205. Protection of United States-supported online content.
Sec. 206. Penalties.
Sec. 207. Presidential waiver.
TITLE III--EXPORT CONTROLS FOR INTERNET-RESTRICTING COUNTRIES
Sec. 301. Feasibility study on establishment of export controls.
Sec. 302. Report.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Freedom of speech and freedom of the press are
fundamental human rights, and free flow of information on the
Internet is protected in Article 19 of the Universal
Declaration of Human Rights, which guarantees freedom to
``receive and impart information and ideas through any media
regardless of frontiers''.
(2) The Internet has been a success because it quickly
provides information to its more than one billion users
globally.
(3) The growth of the Internet and other information
technologies can be a force for democratic change if the
information is not subject to political censorship.
(4) The Internet has played a role in bringing international
attention to issues the discussion of which are forbidden by
authoritarian foreign governments, such as attempts by the
Government of the People's Republic of China to suppress news
of the severe acute respiratory syndrome (SARS) outbreak in
2004.
(5) Authoritarian foreign governments such as the Governments
of Belarus, Cuba, Ethiopia, Iran, Laos, North Korea, the
People's Republic of China, Tunisia, and Vietnam, among others,
block, restrict, and monitor the information their citizens try
to obtain.
(6) Web sites that provide uncensored news and information,
such as the Web sites of the Voice of America and Radio Free
Asia, are routinely blocked in such countries.
(7) In June 2003, the Government of the Socialist Republic of
Vietnam arrested, convicted of ``spying'', and sentenced to 13
years imprisonment and 3 years house arrest (later reduced on
appeal to 5 years imprisonment and 3 years house arrest) Dr.
Pham Hong Son after he translated an Internet article titled
``What is Democracy'' from the Web site of the United States
Embassy in Vietnam.
(8) According to the Department of State's Country Reports on
Human Rights Practices, the Government of Vietnam in 2004
tightened control of the Internet, requiring Internet agents,
such as ``cyber cafes'', to register the personal information
of their customers and store records of Internet sites visited
by customers. The Vietnamese Government also monitored
electronic mail, searched for sensitive key words, and
regulated Internet content.
(9) The Government of the People's Republic of China has
employed censorship of the Internet in violation of Article 35
of the Chinese Constitution, which guarantees freedom of speech
and freedom of the press.
(10) This censorship by the Chinese Government allows that
Government to promote a xenophobic--and at times particularly
anti-American--Chinese nationalism, the long-term effect of
which will be deleterious to United States efforts to improve
the relationship between the United States and China.
(11) Technology companies in the United States that operate
in countries controlled by authoritarian foreign governments
have a moral responsibility to comply with the principles of
the Universal Declaration of Human Rights.
(12) Technology companies in the United States have succumbed
to pressure by authoritarian foreign governments to provide
such governments with information about Internet users that has
led to the arrest and imprisonment of ``cyber dissidents'', in
violation of the corporate responsibility of such companies to
protect and uphold human rights.
(13) Technology companies in the United States have provided
technology and training to authoritarian foreign governments
which have been used by such governments in filtering and
blocking information that promotes democracy and freedom.
(14) Technology companies in the United States should develop
standards by which they can conduct business with authoritarian
foreign governments while protecting human rights to freedom of
speech and freedom of expression.
SEC. 3. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--Except as
otherwise provided in this Act, the term ``appropriate
congressional committees'' means--
(A) the Committee on Foreign Affairs of the House of
Representatives; and
(B) the Committee on Foreign Relations of the Senate.
(2) Foreign official.--
(A) In general.--The term ``foreign official''
means--
(i) any officer or employee of a foreign
government or any department, agency, state-
owned enterprise, or instrumentality thereof;
or
(ii) any person acting in an official
capacity for or on behalf of any such
government or department, agency, state-owned
enterprise, or instrumentality.
(B) State-owned enterprise.--For purposes of
subparagraph (A), the term ``state-owned enterprise''
means a commercial entity in which a foreign government
owns, directly or indirectly, more than 50 percent of
the outstanding capital stock or other beneficial
interest in such commercial entity.
(3) Internet.--The term ``Internet'' means the combination of
computer facilities, telecommunications facilities,
electromagnetic transmission media, and related equipment and
software, comprising the interconnected worldwide network of
computer networks that employ the Transmission Control
Protocol/Internet Protocol or any successor protocol to
transmit information.
(4) Internet content hosting service.--The terms ``Internet
content hosting service'' and ``content hosting service'' mean
a service that--
(A) stores, through electromagnetic or other means,
electronic data, including the content of Web pages,
electronic mail, documents, images, audio and video
files, online discussion boards, and Web logs; and
(B) makes such data available via the Internet.
(5) Internet jamming.--The term ``Internet jamming'' means
jamming, censoring, blocking, monitoring, or restricting access
to the Internet, or to content made available via the Internet,
by using technologies such as firewalls, filters, and ``black
boxes''.
(6) Internet-restricting country.--The term ``Internet-
restricting country'' means a country designated by the
President pursuant to section 105(a) of this Act.
(7) Internet search engine.--The term ``Internet search
engine'' or ``search engine'' means a service made available
via the Internet that, on the basis of query consisting of
terms, concepts, questions, or other data input by a user,
searches information available on the Internet and returns to
the user a means, such as a hyperlinked list of Uniform
Resource Identifiers, of locating, viewing, or downloading
information or data available on the Internet relating to that
query.
(8) Legitimate foreign law enforcement purposes.--
(A) In general.--The term ``legitimate foreign law
enforcement purposes'' means for purposes of
enforcement, investigation, or prosecution by a foreign
official based on a publicly promulgated law of
reasonable specificity that proximately relates to the
protection or promotion of the health, safety, or
morals of the citizens of that jurisdiction.
(B) Rule of construction.--For purposes of this Act,
the control, suppression, or punishment of peaceful
expression of political or religious opinion, which is
protected by Article 19 of the International Covenant
on Civil and Political Rights, does not constitute a
legitimate foreign law enforcement purpose.
(9) Personally identifiable information.--The term
``personally identifiable information''--
(A) includes any information described in section
2703(c)(2) of title 18, United States Code; and
(B) does not include--
(i) any traffic data (as such term is defined
in section 201(b) of this Act); or
(ii) any record of aggregate data that does
not identify particular persons.
(10) Substantial restrictions on internet freedom.--The term
``substantial restrictions on Internet freedom'' means actions
that restrict or punish the free availability of information
via the Internet for reasons other than legitimate foreign law
enforcement purposes, including--
(A) deliberately blocking, filtering, or censoring
information available via the Internet based on its
peaceful political or religious content; or
(B) persecuting, prosecuting, or otherwise punishing
an individual or group for posting or transmitting
peaceful political or religious opinions via the
Internet, including by electronic mail.
(11) United states business.--The term ``United States
business'' means--
(A) any corporation, partnership, association, joint-
stock company, business trust, unincorporated
organization, or sole proprietorship that--
(i) has its principal place of business in
the United States; or
(ii) is organized under the laws of a State
of the United States or a territory,
possession, or commonwealth of the United
States;
(B) any issuer of a security registered pursuant to
section 12 of the Securities Exchange Act of 1934 (15
U.S.C. 78l); and
(C) any foreign subsidiary of an entity described in
subparagraph (A) or (B) to the extent such entity--
(i) controls the voting shares or other
equities of the foreign subsidiary; or
(ii) authorizes, directs, controls, or
participates in acts carried out by the foreign
subsidiary that are prohibited by this Act.
(12) United states-supported content.--The term ``United
States-supported content'' means content that is created or
developed, in whole or in part, by a United States-supported
information entity.
(13) United states-supported information entity.--The term
``United States-supported information entity'' means--
(A) any authority of the Government of the United
States; and
(B) any entity that--
(i) receives grants from the Broadcasting
Board of Governors to carry out international
broadcasting activities in accordance with the
United States International Broadcasting Act of
1994 (title III of Public Law 103-236; 22
U.S.C. 6201 et seq.);
(ii) exists within the Broadcasting Board of
Governors and carries out nonmilitary
international broadcasting activities supported
by the Government of the United States in
accordance with such Act; or
(iii) receives grants or other similar
funding from the Government of the United
States to carry out any information
dissemination activities.
(14) United states-supported web site.--The term ``United
States-supported Web site'' means a location on the World Wide
Web that is owned or managed by, or is registered to, a United
States-supported information entity.
SEC. 4. SEVERABILITY.
If any provision of this Act, or the application of such provision to
any person or circumstance, is held invalid, the remainder of this Act,
and the application of such provision to other persons not similarly
situated or to other circumstances, shall not be affected by such
invalidation.
TITLE I--PROMOTION OF GLOBAL INTERNET FREEDOM
SEC. 101. STATEMENT OF POLICY.
It shall be the policy of the United States--
(1) to promote as a fundamental component of United States
foreign policy the right of every individual to freedom of
opinion and expression, including the right to hold opinions
without interference and to seek, receive, and impart
information and ideas through any media and regardless of
frontiers;
(2) to use all appropriate instruments of United States
influence, including diplomacy, trade policy, and export
controls, to support, promote, and strengthen principles,
practices, and values that promote the free flow of
information, including through the Internet and other
electronic media; and
(3) to deter any United States business from cooperating with
officials of Internet-restricting countries in effecting the
political censorship of online content.
SEC. 102. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the President should through bilateral, and where
appropriate, multilateral activities, seek to obtain the
agreement of other countries to promote the goals and
objectives of this Act and to protect Internet freedom; and
(2) to the extent that a United States business empowers or
assists an authoritarian foreign government in its efforts to
restrict online access to the Web sites of Radio Free Asia, the
Voice of America, or other United States-supported Web sites
and online access to United States Government reports such as
the Annual Country Reports on Human Rights Practices, the
Annual Reports on International Religious Freedom, and the
Annual Trafficking in Human Persons Reports, or to identify
individual Internet users, that business is working contrary to
the foreign policy interests of the United States, and is
undercutting United States taxpayer-funded efforts to promote
freedom of information for all people, including those in
undemocratic and repressive societies.
SEC. 103. ANNUAL COUNTRY REPORTS ON HUMAN RIGHTS PRACTICES.
(a) Report Relating to Economic Assistance.--Section 116 of the
Foreign Assistance Act of 1961 (22 U.S.C. 2151n) is amended by adding
at the end the following new subsection:
``(g)(1) The report required by subsection (d) shall include an
assessment of the freedom of electronic information in each foreign
country. Such assessment shall include the following:
``(A) An assessment of the general extent to which
Internet access is available to and used by citizens in
that country.
``(B) An assessment of the extent to which government
authorities in that country attempt to filter, censor,
or otherwise block Internet content, as well as a
description of the means by which they attempt to block
such content.
``(C) A description of known instances in which
government authorities in that country have persecuted,
prosecuted, or otherwise punished a person or group for
the peaceful expression of political, religious, or
dissenting views via the Internet, including electronic
mail.
``(D) A description of known instances in which
government authorities in that country have sought to
collect, request, obtain or disclose the personally
identifiable information of a person in connection with
that person's communication of ideas, facts or views
where such communication would be protected by the
International Covenant on Civil and Political Rights.
``(2) In compiling data and making assessments for the
purposes of paragraph (1), United States diplomatic mission
personnel shall consult with human rights organizations,
technology and internet companies and other appropriate
nongovernmental organizations.''.
(b) Report Relating to Security Assistance.--Section 502B of the
Foreign Assistance Act of 1961 (22 U.S.C. 2304) is amended by adding at
the end the following new subsection:
``(i)(1) The report required by subsection (b) shall include an
assessment of the freedom of electronic information in each foreign
country. Such assessment shall include the following:
``(A) An assessment of the general extent to which
Internet access is available to and used by citizens in
that country.
``(B) An assessment of the extent to which government
authorities in that country attempt to filter, censor,
or otherwise block Internet content, as well as a
description of the means by which they attempt to block
such content.
``(C) A description of known instances in which
government authorities in that country have persecuted,
prosecuted, or otherwise punished a person or group for
the peaceful expression of political, religious, or
dissenting views via the Internet, including electronic
mail.
``(D) A description of known instances in which
government authorities in that country have sought to
collect, request, obtain or disclose the personally
identifiable information of a person in connection with
that person's communication of ideas, facts or views
where such communication would be protected by the
International Covenant on Civil and Political Rights.
``(2) In compiling data and making assessments for the
purposes of paragraph (1), United States diplomatic mission
personnel shall consult with human rights organizations,
technology and internet companies, and other appropriate
nongovernmental organizations.''.
SEC. 104. OFFICE OF GLOBAL INTERNET FREEDOM.
(a) Establishment.--There is established in the Department of State
the Office of Global Internet Freedom (in this section referred to as
the ``Office'').
(b) Duties.--In addition to such other responsibilities as the
President may assign, the Office shall--
(1) serve as the focal point for interagency efforts to
protect and promote freedom of electronic information abroad;
(2) develop and ensure the implementation of a global
strategy and programs to combat state-sponsored and state-
directed Internet jamming by authoritarian foreign governments,
and the intimidation and persecution by such governments of
their citizens who use the Internet;
(3) provide assistance to the President in connection with
the annual designation of Internet-restricting countries
required by section 105(a) of this Act;
(4) beginning not later than 180 days after the date of the
enactment of this Act--
(A) identify key words, terms, and phrases relating
to human rights, democracy, religious free exercise,
and peaceful political dissent, both in general and as
specifically related to the particular context and
circumstances of each Internet-restricting country; and
(B) maintain, update, and make publicly available on
a regular basis the key words, terms, and phrases
identified pursuant to subparagraph (A);
(5) establish mechanisms to collect the information required
to be reported by sections 116(g) and 502B(i) of the Foreign
Assistance Act of 1961 (as added by section 103 of this Act)
and sections 203 and 204 of this Act;
(6) establish a regularized consultative process with
appropriate technology companies involved in providing,
maintaining, or servicing the Internet, human rights
organizations, academic experts, and others to develop a
voluntary code of minimum corporate standards related to
Internet freedom, and to consult with such companies,
organizations, experts, and others regarding new technologies
and the implementation of appropriate policies relating to such
technologies; and
(7) advise the appropriate congressional committees of
legislative action that may be necessary to keep the provisions
of this Act and the amendments made by this Act relevant to
changing technologies.
(c) Cooperation of Other Federal Departments and Agencies.--Each
department and agency of the Government of the United States, including
the Department of Commerce, the Office of the United States Trade
Representative, the Department of Justice, the International
Broadcasting Bureau, and the Office of the Director of National
Intelligence, shall--
(1) cooperate fully with, and assist in the implementation
of, the duties of the Office described in subsection (b),
including the strategy developed by the Office pursuant to
paragraph (2) of subsection (b); and
(2) make such resources and information available to the
Office on a nonreimbursable basis as is necessary to achieve
the purposes of this Act and the amendments made by this Act.
(d) Definition.--In this section, the term ``appropriate
congressional committees'' means--
(1) the Committee on Foreign Affairs and the Committee on
Energy and Commerce of the House of Representatives; and
(2) the Committee on Foreign Relations and the Committee on
Commerce, Science, and Transportation of the Senate.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to the Office to carry out this section $50,000,000 for
each of the fiscal years 2008 and 2009.
SEC. 105. ANNUAL DESIGNATION OF INTERNET-RESTRICTING COUNTRIES; REPORT.
(a) Designation.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, and annually thereafter, the
President shall designate Internet-restricting countries for
purposes of this Act.
(2) Standard.--A foreign country shall be designated as an
Internet-restricting country if the President determines that
the government of the country is directly or indirectly
responsible for a systematic pattern of substantial
restrictions on Internet freedom during the preceding 1-year
period.
(b) Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, and annually thereafter, the
President shall transmit to the appropriate congressional
committees a report that contains the following:
(A) The name of each foreign country that at the time
of the transmission of the report is designated as an
Internet-restricting country pursuant to subsection
(a).
(B) An identification of each government agency and
quasi-government organization responsible for the
substantial restrictions on Internet freedom in each
foreign country designated as an Internet-restricting
country pursuant to subsection (a).
(C) A description of efforts by the United States to
counter the substantial restrictions on Internet
freedom referred to in subparagraph (B).
(2) Form.--The information required by paragraph (1)(C) of
the report may be provided in a classified form if necessary.
(3) Internet availability.--All unclassified portions of the
report shall be made publicly available on the Internet Web
site of the Department of State.
TITLE II--MINIMUM CORPORATE STANDARDS FOR ONLINE FREEDOM
SEC. 201. PROTECTION OF PERSONALLY IDENTIFIABLE INFORMATION.
(a) Prohibition of Locating Personally Identifiable Information in
Internet-Restricting Countries.--A United States business may not
locate, within a designated Internet-restricting country, any
electronic communication that contains any personally identifiable
information.
(b) Definitions.--In this section:
(1) Title 18 definitions.--The terms ``electronic
communication'', ``electronic communications system'',
``electronic storage'', and ``contents'' have the meanings
given such terms in section 2510 of title 18, United States
Code.
(2) Locate.--The term ``locate'' includes, with respect to an
electronic communication--
(A) computer storage or processing by facilities of a
remote computing service, as such term is defined in
section 2711 of title 18, United States Code;
(B) electronic storage by any electronic or computer
server or facility of an electronic communications
system; and
(C) any other storage by any electronic or computer
server or facility.
(3) Traffic data.--The term ``traffic data'' means, with
respect to an electronic communication, any information
contained in or relating to such communication that is
processed for the purpose of the conveyance of the
communication by an electronic communications system or for the
billing thereof, including any Internet Protocol address or
other means of identifying a location within an electronic
communications system, but that does not by itself identify a
particular person. Such term does not include the contents of
any electronic communication.
SEC. 202. INTEGRITY OF PERSONALLY IDENTIFIABLE INFORMATION.
(a) User Protection.--If a United States business collects or obtains
personally identifiable information through the provision of products
or services on the Internet, such business may not provide such
information to any foreign official of an Internet-restricting country,
except for legitimate foreign law enforcement purposes as determined by
the Department of Justice.
(b) Use of Established Legal Channels.--Any information that may be
provided under subsection (a) for legitimate foreign law enforcement
purposes may only be provided through established legal channels as
determined by the Department of Justice.
(c) Private Right of Action.--Any person aggrieved by a violation of
this section may bring an action for damages, including punitive
damages, or other appropriate relief in the appropriate district court
of the United States, without regard to the amount in controversy, and
without regard to the citizenship of the parties.
SEC. 203. TRANSPARENCY REGARDING SEARCH ENGINE FILTERING.
Any United States business that creates, provides, or hosts an
Internet search engine shall provide the Office of Global Internet
Freedom, in a format and with a frequency to be specified by the
Office, with all terms and parameters used to filter, limit, or
otherwise affect the results provided by the search engine that are
implemented--
(1) at the request of, or by reason of any other direct or
indirect communication by, any foreign official of an Internet-
restricting country; or
(2) to comply with a policy or practice of restrictions on
Internet freedom in an Internet-restricting country.
SEC. 204. TRANSPARENCY REGARDING INTERNET CENSORSHIP.
(a) Provision of URLs.--Any United States business that maintains an
Internet content hosting service shall provide the Office of Global
Internet Freedom, in a format and with a frequency to be specified by
the Office, with the Uniform Resource Locators (URLs) of all data and
content that such business has, under the circumstances set forth in
subsection (b)--
(1) removed from the content hosting service of such
business;
(2) blocked from availability on the Internet; or
(3) blocked from transmission via the Internet into or within
an Internet-restricting country.
(b) Circumstances.--The circumstances referred to in subsection (a)
are that the United States business took the action under subsection
(a)--
(1) at the request of, or by reason of any other direct or
indirect communication by, any foreign official of an Internet-
restricting country; or
(2) in order to comply with a policy or practice of
restrictions on Internet freedom in an Internet-restricting
country.
SEC. 205. PROTECTION OF UNITED STATES-SUPPORTED ONLINE CONTENT.
A United States business that maintains an Internet content hosting
service may not conduct Internet jamming of a United States-supported
Web site or United States-supported content in an Internet-restricting
country.
SEC. 206. PENALTIES.
(a) Civil Penalties.--(1)(A) Any United States business that violates
section 202(a) shall be subject to a civil penalty of not more than
$2,000,000 imposed in an action brought by the Attorney General.
(B) Any officer, director, employee, or agent, or stockholder of a
United States business, who is acting on behalf of that business
concern and who violates section 202(a), shall be subject to a civil
penalty of not more $100,000 imposed in an action brought by the
Attorney General.
(2) Any United States business that violates section 201, 203, 204,
or 205, or any officer, director, employee, or agent, or stockholder of
a United States business, who is acting on behalf of that business
concern and who violates section 201, 203, 204, or 205, shall be
subject to a civil penalty of not more than $10,000 imposed in an
action brought by the Attorney General.
(b) Criminal Penalties.--(1)(A) Any United States business that
willfully violates, or willfully attempts to violate, section 202(a)
shall be fined not more than $2,000,000.
(B) Any officer, director, employee, or agent, or stockholder of a
United States business, who is acting on behalf of that business
concern, and who willfully violates, or willfully attempts to violate,
section 202(a), shall be fined not more than $100,000, or imprisoned
not more than 5 years, or both.
(2)(A) Any United States business that willfully violates, or
willfully attempts to violate, section 201, 203, 204, or 205 shall be
fined not more than $10,000.
(B) Any officer, director, employee, or agent, or stockholder of a
United States business, who is acting on behalf of that business
concern and who willfully violates, or willfully attempts to violate,
section 201, 203, 204, or 205, shall be fined not more than $10,000, or
imprisoned not more than 1 year, or both.
(c) Payment of Fines.--Whenever a fine is imposed under subsection
(a) or (b) upon any officer, director, employee, agent, or stockholder
of a United States business, the fine may not be paid, directly or
indirectly, by the United States business.
SEC. 207. PRESIDENTIAL WAIVER.
(a) In General.--Subject to subsection (b), the President may waive
the application of any of the provisions of sections 201 through 205
with respect to a United States business or an Internet-restricting
country, if the President determines and so reports to the appropriate
congressional committees that--
(1) the government of the country has ceased the activities
giving rise to the designation of the country as an Internet-
restricting country;
(2) the exercise of such waiver authority would further the
purposes of this Act; or
(3) the important national interest of the United States
requires the exercise of such waiver authority.
(b) Congressional Notification.--Not later than the date of the
exercise of a waiver under subsection (a), the President shall notify
the appropriate congressional committees of the waiver or the intention
to exercise the waiver, together with a detailed justification for the
waiver.
TITLE III--EXPORT CONTROLS FOR INTERNET-RESTRICTING COUNTRIES
SEC. 301. FEASIBILITY STUDY ON ESTABLISHMENT OF EXPORT CONTROLS.
Not later than 180 days after the date of the enactment of this Act,
the Secretary of Commerce, in consultation with the Secretary of State,
shall complete a feasibility study regarding the development of export
controls and export license requirements regarding the export of any
item subject to sections 730 through 774 of title 15, Code of Federal
Regulations (commonly known as the ``Export Administration
Regulations'') to an end user in an Internet-restricting country for
the purpose, in whole or in part, of facilitating substantial
restrictions on Internet freedom.
SEC. 302. REPORT.
Not later than 30 days after the end of the 180-day period described
in section 301, the Secretary of Commerce, in consultation with the
Secretary of State, shall submit to the appropriate congressional
committees a report describing the actions taken to carry out section
301.
Summary
H.R. 275, the Global Online Freedom Act of 2007 (the
``Act'') establishes procedures to maximize Internet freedom in
countries that the President designates as Internet-restricting
countries. The Act establishes procedures that American
companies, the State Department and Internet-restricting
countries must follow to prevent the disclosure of political
dissidents' personal information, to prevent Internet
censorship and to prohibit jamming of U.S. Government-generated
Internet content. The Act creates a State Department office to
collect information about and report on global internet
freedom. It requires transparency in filtering of search terms
in Internet search engines. It also requires a study concerning
export controls related to technology that supports Internet
censorship.
Background and Purpose for the Legislation
H.R. 275 responds to the increasing use of the Internet by
authoritarian governments around the world as a tool of
repression. The World Wide Web was designed to be a tool to
promote the free flow of information, but, in the hands of
certain governments and companies, the Internet has been used
as a tool of censorship.
One of the most serious problems that the Act seeks to
redress is the role of American companies with respect to the
jailing of political dissidents. In many nations, American
companies have cooperated with security forces in the
investigation, arrest and punishment of political dissidents.
American companies have disclosed to security forces in
repressive regimes the content of private communications and
the identity of their Internet customers, sometimes leading to
the arrest and conviction of political dissidents. In some
cases, this cooperation has been done willingly and for profit.
In others, it has occurred in response to subpoenas or due to
the fear of sanctions imposed by local law. The victims in
these cases have been jailed for expressing political views on
the Internet, specifically for exercising their rights to free
expression protected by the International Covenant on Civil and
Political Rights and the Universal Declaration of Human Rights.
China's jailing of journalist Shi Tao is an example of the
problems that H.R. 275 seeks to correct. Shi Tao is serving a
10-year sentence for disclosure of state secrets after he
forwarded to a U.S.-based pro-democracy website a Chinese
government directive ordering journalists not to report on the
15th anniversary of the 1989 Tiananmen Square massacre. Police
tracked down Shi Tao through his Yahoo! e-mail account that was
used to forward the censorship order. Responding to a request
from the Beijing State Security Bureau, Yahoo! turned over to
the Chinese security services Shi's Yahoo! e-mail account
details, including the IP address and location where he logged
on to the Yahoo! service. Using those details, the Chinese
security services identified the e-mails as coming from Shi's
office at the newspaper ``Contemporary Business News.'' The
verdict convicting Shi cited the information Yahoo! provided as
central to his arrest and conviction. Information provided to
the Chinese security authorities by Yahoo! was also cited in
verdicts convicting other Chinese dissidents of crimes
involving state secrets and subversion, including Wang
Xiaoning, Li Zhi and Jiang Lianjun. Many others have been
arrested based on information obtained through investigations
of on-line activities, even if the verdicts jailing them did
not single out information provided by a particular American
company. Among them was Dr. Pham Hong Son, sentenced to 13
years imprisonment in June 2003 after he translated an Internet
article entitled ``What is Democracy?'' from the Website of the
U.S. Embassy in Vietnam. Similar convictions have taken place
in other countries with repressive governments and in countries
that do not recognize internationally respected rights of free
expression.
The Act also addresses the problem of American companies
helping certain authoritarian governments to censor the
Internet and to use the Internet as a tool to jail political
dissidents. Cisco Systems, Fortinet, Websense Inc., Secure
Computing Corp. and Blue Coat Systems Inc. are among companies
that academics have identified as providing technology to
support Internet censorship in countries such as Iran, Burma,
China, Tunisia, Saudi Arabia and the United Arab Emirates. This
technology may be used to identify dissidents. Or it may be
used to filter out key terms from email and Internet traffic.
These technologies can also be used to facilitate search engine
censorship. In China, for example, a search for the terms
``Falun Gong,'' ``Dalai Lama,'' or ``human rights'' would omit
hundreds of web pages that were filtered out as a result of the
use of such technology.
Jamming of Internet content is a related technique used by
repressive governments, including those in Cuba, Belarus, North
Korea and elsewhere. China's Golden Shield Project, which the
Ministry of Public Security reportedly began operating in 2003,
is one of the most sophisticated Internet blocking/jamming
programs. It intercepts certain IP addresses and blocks content
by preventing offending materials from entering certain IP
gateways and proxy servers. Opponents have accused
multinational companies, such as Nortel Networks, Cisco and Sun
Microsystems, of supporting the Golden Shield Project. Industry
representatives counter that the same technology which fuels
the Internet's sharing of information can also be manipulated
to facilitate censorship.
The Act does not intend to require American companies to
stop conducting business in countries designated as Internet-
restricting. Nor does it intend to interfere with legitimate
law enforcement operations in those countries. But it is
intended to ensure that American companies do more than just
consider the jailing of innocent activists who express their
political views using the Internet technology provided by
American firms as a cost of doing business with these regimes.
As a result, the Act establishes procedures to ensure that
where an American Internet company receives a law enforcement
request from an Internet-restricting government, the request
must be conveyed and responded to through the U.S. Department
of Justice. In this way, rights to free expression guaranteed
by international law will be protected. Even in Internet-
restricting countries, law enforcement investigations of
terrorism, pornography and other crimes which rely on evidence
from the Internet should continue unimpeded as long as the
procedures involving the Department of Justice are followed.
Hearings
The House International Relations Committee's Subcommittee
on Asia and the Pacific and Subcommittee on Africa, Global
Human Rights and International Operations held a joint hearing
entitled, ``The Internet in China: A Tool for Freedom or
Oppression?'' on February 15, 2006. A subsequent November 6,
2007 hearing focused on Yahoo!'s provision to Congress of false
information regarding the Shi Tao case during that previous
hearing.
Committee Consideration
On October 23, 2007, the Committee held a markup and
considered H.R. 275. A motion to report the bill, as amended,
to the House, a quorum being present, was agreed to by
unanimous consent.
Votes of the Committee
There were no recorded votes on H.R. 275.
Committee Oversight Findings
In compliance with clause 3(c)(1) of rule XIII of the Rules
of the House of Representatives, the Committee reports that the
findings and recommendations of the Committee, based on
oversight activities under clause 2(b)(1) of rule X of the
Rules of the House of Representatives, are incorporated in the
descriptive portions of this report.
New Budget Authority and Tax Expenditures
In compliance with Clause 3(c) (2) of House Rule XIII, the
Committee adopts as its own the estimate of new budget
authority, entitlement authority, or tax expenditures or
revenues contained in the cost estimate prepared by the
Director of the Congressional Budget Office, pursuant to
section 402 of the Congressional Budget Act of 1974.
Congressional Budget Office Cost Estimate
U.S. Congress,
Congressional Budget Office,
Washington, DC, November 20, 2007.
Hon. Tom Lantos, Chairman,
Committee on Foreign Affairs,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 275, the Global
Online Freedom Act of 2007.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Sunita
D'Monte, who can be reached at 226-2840.
Sincerely,
Peter R. Orszag.
Enclosure
cc:
Honorable Ileana Ros-Lehtinen
Ranking Member
H.R. 275--Global Online Freedom Act of 2007.
H.R. 275 would authorize a new office within the Department
of State. The Office of Global Internet Freedom would:
<bullet> LCoordinate interagency efforts to promote
abroad the free flow of electronic information on the
Internet,
<bullet> LFight efforts by foreign governments to
restrict Internet use,
<bullet> LIdentify, update, and publicize a list of key
words, terms, and phrases related to human rights,
democracy, religious freedom, and political dissent,
<bullet> LConsult with technology companies, human
rights organizations, and academic experts on new
information technologies to develop a voluntary code of
corporate standards for the free flow of electronic
information, and
<bullet> LProvide pertinent information to the
Secretary of State for reports on human rights
practices, security assistance, and countries that
restrict Internet use.
ESTIMATED COST TO THE FEDERAL GOVERNMENT
Based on information from the department, CBO estimates
that the new office would require additional appropriations in
2008 of $2 million for salaries and expenses, $10 million to
identify and regularly update key words, and an additional $10
million to develop and implement global strategies and programs
to prevent restrictions on Internet use. With annual
adjustments for inflation, CBO estimates that activities of the
new office would cost $19 million in 2008 and $108 million over
the 2008-2012 period, assuming appropriation of the estimated
amounts (see table). The costs of this legislation fall within
budget function 150 (international affairs).
By Fiscal Year, in Millions of Dollars
----------------------------------------------------------------------------------------------------------------
2008 2009 2010 2011 2012
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Estimated Authorization Level 22 22 23 23 24
Estimated Outlays 19 21 22 23 23
----------------------------------------------------------------------------------------------------------------
Other provisions in the bill would require the Secretary of
Commerce to complete a feasibility study on the development of
export controls and licenses for items that would allow foreign
governments to restrict use of the Internet, and to provide a
report to the Congress. CBO estimates those provisions would
increase discretionary spending by less than $500,000 a year,
assuming the availability of the estimated amounts.
In addition to the discretionary costs, enacting H.R. 275
also could increase collections of civil and criminal fines for
violations of the bill's provisions relating to the protection
of personally identifiable information. Such fines are recorded
in the budget as revenues. CBO expects that any additional
collections would not be significant because of the relatively
small number of cases likely to be affected. Criminal fines are
deposited in the Crime Victims Fund and later spent. CBO
expects that any additional direct spending would not be
significant.
PRIVATE-SECTOR AND INTERGOVERNMENTAL IMPACT
H.R. 275 would impose private-sector mandates, as defined
in the Unfunded Mandates Reform Act (UMRA), on U.S. businesses
that host Internet content in foreign countries that are
designated as countries that restrict use of the Internet. The
bill would prohibit U.S. businesses from cooperating with those
foreign governments by blocking certain Web sites and online
content and from providing those countries with the personal
information of certain Internet users. The bill also would
require U.S. businesses in countries that restrict Internet use
to provide the Office of Global Internet Freedom with
information regarding Web sites and online search engines that
are blocked, filtered, or censored in order to comply with the
policies or requests of a country that restrict Internet use.
The cost of complying with the mandates would depend in
part on which countries are designated by the President under
the bill. The cost also would depend on the current practices
of U.S. businesses operating in the designated countries and
the actions taken by those countries in response to the
restrictions placed on such businesses. CBO does not have
sufficient information to determine whether the aggregate cost
of the mandates in the bill would exceed the annual threshold
established in UMRA for private-sector mandates ($131 million
in 2007, adjusted annually for inflation).
H.R. 275 contains no intergovernmental mandates as defined
in UMRA and would not affect the budgets of state, local, or
tribal governments.
STAFF CONTACTS
The CBO contacts for this estimate are Sunita D'Monte (for
federal costs), who can be reached at 226-2840, and MarDestinee
C. Perez (for private-sector mandates), who can be reached at
226-2940. This estimate was approved by Peter H. Fontaine,
Assistant Director for Budget Analysis.
Performance Goals and Objectives
The Act is intended to reduce Internet censorship, to
protect personally identifiable information in restricting
countries and to highlight the problems caused when the
Internet is used as a tool of repression.
Constitutional Authority Statement
Pursuant to clause 3(d) (1) of rule XIII of the Rules of
the House of Representatives, the Committee finds the authority
for this legislation in article I, section 8 of the
Constitution.
New Advisory Committees
H.R. 275 does not establish or authorize any new advisory
committees.
Congressional Accountability Act
H.R. 275 does not apply to the Legislative Branch.
Earmark Identification
H.R. 275 does not contain any congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9(d), 9(e), or 9(f) of rule XXI.
Section-by-Section Analysis and Discussion
Section 1. Short Title.
This section provides that the short title of the Act is
the ``Global Online Freedom Act of 2007.''
Section 2. Findings.
This section outlines specific findings regarding the power
of the Internet to expand information and support freedom when
it is not subject to censorship or used as a tool of a police
state.
Section 3. Definitions.
This section sets forth definitions necessary to understand
the Act's operative provisions. Of particular note, the Act
defines the term ``personally identifiable information''
broadly to include anything that could be used to identify a
political dissident or other peaceful user. It also defines the
range of United States businesses subject to the Act broadly to
include foreign subsidiaries or companies, such as Yahoo China,
which benefit from a U.S.-based or U.S.-trademarked brand, even
if separate corporate entities have been established for
offices operating in an Internet-restricting country.
Section 4. Severability.
This section provides that, if any provision of the Act is
found invalid, the remainder of the Act shall continue in full
force and effect.
TITLE I--PROMOTION OF GLOBAL INTERNET FREEDOM
Section 101. Statement of Policy.
This section provides that United States foreign policy
shall support freedom of expression regardless of the type of
media or frontier utilized; that the United States should use
all appropriate instruments to support the free flow of
information; and that the U.S. should deter American businesses
from cooperating with Internet-restricting countries' political
censorship.
Section 102. Sense of Congress.
This section provides that the President should urge other
countries to promote Internet freedom and the goals of this Act
and states that a U.S. business that empowers or assists
foreign governments that restrict the Internet are acting
contrary to the foreign policy interests of the United States.
Section 103. Annual Country Reports on Human Rights Practices.
This section provides that the State Department's Annual
Human Rights Report and related reports concerning economic and
security assistance should describe the availability of the
Internet, the status of Internet censorship and filtering, and
a description of cases in which persons have been jailed or
prosecuted for peaceful expression of political, religious or
dissenting views on the Internet.
Section 104. Office of Global Internet Freedom.
This section establishes an Office of Global Internet
Freedom in the State Department. It provides that this office's
duties shall include coordination of interagency efforts to
promote on-line freedom, collection of information about
Internet censorship and jamming, and support for the President
in his designation of Internet-restricting countries. It
requires that other Federal department shall cooperate with the
Office.
Section 105. Annual Designation of Internet-Restricting Countries;
Report.
This section provides that the President shall annually
designate Internet-restricting countries based on an assessment
of the government's restriction of Internet freedom during the
preceding year. A report identifying the designated countries
should be transmitted to Congress within 180 days of enactment
of the Act and then annually thereafter.
TITLE II--MINIMUM CORPORATE STANDARDS FOR ONLINE FREEDOM
Section 201. Protection of Personally Identifiable Information.
This section contains two subsections related to the
protection of personally identifiable information. Subsection
(a) forbids U.S. businesses from locating within Internet-
restricting countries electronic communication that contain
personally identifiable information. Storage of such
communications must be done within the United States or
overseas in countries that are not designated Internet-
restricting. Subsection (b) establishes definitions related to
this provision.
Section 202. Integrity of Personally Identifiable Information.
This section provides that, where a U.S. business collects
or obtains personally identifiable information through
provision of services or products on the Internet, the business
may not provide that information to the Internet-restricting
country. In noting that the information may not be provided to
officials of the Internet-restricting country, the Act intends
that no government official, including those with police or
security functions, may have access to the information in any
way, except through the legitimate law enforcement channels
established by the Department of Justice. The purpose of this
subsection is to change the dynamics of the quest for
information by law enforcement agencies of Internet-restricting
countries. Rather than approaching the American businesses
directly, the Act changes the dynamic involved with seeking
such information into a government-to-government request. This
is aimed to minimize direct and indirect pressure on American
businesses. The Department of Justice, not the American
business or the requesting law enforcement agency, should be
the arbiter of whether the request is for a legitimate law
enforcement purpose. Subsection (c) provides than anyone
aggrieved by a violation of this section shall enjoy a private
right of action for damages, including compensatory and
punitive damages, in the United States. This section is
intended to allow a right of action for American citizens and
non-Americans who fall within the jurisdiction of U.S. courts,
including the family members of those jailed overseas in
connections with actions by U.S. companies.
Section 203. Transparency Regarding Search Engine Filtering.
This section provides that U.S. businesses that operate
Internet search engines must provide to the State Department
Office of Global Internet Freedom information about any
policies or search terms used by an Internet-restricting
country for Internet and search engine censorship.
Section 204. Transparency Regarding Internet Censorship.
This section provides that U.S. businesses that operate
Internet content hosting services must provide to the State
Department Office of Global Internet Freedom information about
any policies, categories or specific Uniform Resource Locators
(URLs) used by an Internet-restricting country for Internet and
search engine censorship.
Section 205. Protection of United States-Supported On-Line Content.
This section provides that U.S. businesses may not conduct
Internet jamming of U.S.-supported Web sites or U.S. supported
Internet content in designated countries.
Section 206. Penalties.
This section provides civil and criminal penalties of a
maximum of $2 million for violations of the Act.
Section 207. Presidential Waiver.
This Section provides the President may waive application
of sanctions if he deems that the country has ceased the
activities leading to its designation, the waiver would advance
global Internet freedom or the waiver is in the Interests of
national security.
TITLE III--EXPORT CONTROLS FOR INTERNET-RESTRICTING COUNTRIES
Section 301. Feasibility Study on Establishment of Export Controls.
The Act requires that a feasibility study shall be
conducted regarding development of export license requirements
to end users in Internet-restricting countries for purposes of
restricting Internet freedom. The study shall consider and
advise how export controls with end-user restrictions could be
established concerning, but not limited to: (i) software used
to censor the Internet or to identify key terms for the
purposes of restricting Internet communications; (ii) routers,
filters and other hardware used to censor the Internet or to
identify key terms for purposes of restricting Internet
communications; and (iii) the deemed export of personally
identifiable information collected or controlled by Internet
companies that could be used to identify political dissidents
or to otherwise restrict Internet communications. Such a study
should build on the work of government, industry and non-
government representatives.
Section 302. Report.
This section provides that the Secretary of Commerce shall
issue a report of the feasibility study within 180 days of the
Act's enactment.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (new matter is
printed in italics and existing law in which no change is
proposed is shown in roman):
FOREIGN ASSISTANCE ACT OF 1961
PART I
Chapter 1--Policy; Development Assistance Authorizations
* * * * * * *
Sec. 116. Human Rights.--(a) * * *
* * * * * * *
(g)(1) The report required by subsection (d) shall include an
assessment of the freedom of electronic information in each
foreign country. Such assessment shall include the following:
(A) An assessment of the general extent to which
Internet access is available to and used by citizens in
that country.
(B) An assessment of the extent to which government
authorities in that country attempt to filter, censor,
or otherwise block Internet content, as well as a
description of the means by which they attempt to block
such content.
(C) A description of known instances in which
government authorities in that country have persecuted,
prosecuted, or otherwise punished a person or group for
the peaceful expression of political, religious, or
dissenting views via the Internet, including electronic
mail.
(D) A description of known instances in which
government authorities in that country have sought to
collect, request, obtain or disclose the personally
identifiable information of a person in connection with
that person's communication of ideas, facts or views
where such communication would be protected by the
International Covenant on Civil and Political Rights.
(2) In compiling data and making assessments for the purposes
of paragraph (1), United States diplomatic mission personnel
shall consult with human rights organizations, technology and
internet companies and other appropriate nongovernmental
organizations.
* * * * * * *
PART II
Chapter 1--Policy
* * * * * * *
Sec. 502B. Human Rights.--(a) * * *
* * * * * * *
(i)(1) The report required by subsection (b) shall include an
assessment of the freedom of electronic information in each
foreign country. Such assessment shall include the following:
(A) An assessment of the general extent to which
Internet access is available to and used by citizens in
that country.
(B) An assessment of the extent to which government
authorities in that country attempt to filter, censor,
or otherwise block Internet content, as well as a
description of the means by which they attempt to block
such content.
(C) A description of known instances in which
government authorities in that country have persecuted,
prosecuted, or otherwise punished a person or group for
the peaceful expression of political, religious, or
dissenting views via the Internet, including electronic
mail.
(D) A description of known instances in which
government authorities in that country have sought to
collect, request, obtain or disclose the personally
identifiable information of a person in connection with
that person's communication of ideas, facts or views
where such communication would be protected by the
International Covenant on Civil and Political Rights.
(2) In compiling data and making assessments for the purposes
of paragraph (1), United States diplomatic mission personnel
shall consult with human rights organizations, technology and
internet companies, and other appropriate nongovernmental
organizations.
* * * * * * *
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