Internet Privacy Act introduced in the Michigan House

[Jeff Ogden]

House Bill 5964 was introduced in the Michigan House on June 23rd and sent
to the Committee on Advanced Technology and Computer Development. The bill,
to be known as the "Internet Privacy Act" has the following title:
        A bill to regulate internet service providers and certain
        internet users; to provide certain rights of privacy associated
        with the use of the internet; and to provide remedies and
        prescribe penalties

The full text of the Act is available on the Web. See
     http://www.michiganlegislature.org

At the heart of the act are the following sections:

Sec. 3. An internet service provider shall not keep records
in any form or format of customers' browsing patterns or sell or
distribute that information unless the internet service provider
notifies the customer in advance of its intention to do so. This
notification shall allow a person to respond to the internet
service provider that the person does not want the internet service
provider to keep records of the person's browsing patterns.
If a person notifies an internet service provider that the person
does not want the internet service provider to keep records of
the person's browsing patterns, the internet service provider
shall not keep such records.

Sec. 4. An internet service provider shall not divulge a
person's electronic mail messages without the person's written
authorization to do so.

Sec. 5. A person who violates this act, other than section
6, is guilty of a misdemeanor punishable by imprisonment for not
more than 90 days or a fine of not more than $100.00, or both.

Sec. 6. A person who does either of the following is guilty
of a felony punishable by imprisonment for not more than 2 years
or a fine of not more than $5,000.00, or both:
(a) Places personal nonpublic information regarding an individual
on the internet with the intent to cause an individual
physical or financial harm.
(b) Distributes or uses personal nonpublic information
regarding an individual obtained from the internet with the
intent to cause an individual physical or financial harm.

Sec. 7. A person who suffers injuries as a result of a violation
of this act may file a civil action against a person who
12 violates this act to recover damages for their injuries.