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Summary:
Internet privacy issues generally encompass two 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. The other is the monitoring of electronic mail and Web usage by the
government or law enforcement officials, employers, or Internet Service Providers.
The September 11, 2001 terrorist attacks intensified debate over the issue of law
enforcement monitoring, with some advocating increased tools for law enforcement
to 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 to
monitor Internet activities. That act was later amended by the Homeland Security
Act (P.L. 107-296), loosening restrictions as to when, and to whom, Internet Service
Providers can voluntarily release information about subscribers if they believe there
is a danger of death or injury. Privacy advocates are monitoring how the act is
implemented. Legislation is pending regarding whether to add, or remove, "sunset"
provisions for certain sections of the act.
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 none has passed. Legislation has
passed, however, regarding information practices for federal government websites
e.g, the E-Government Act (P.L. 107-347). Meanwhile, controversy is rising about
how to protect computer users from spyware without creating unintended
consequences. Spyware is not well defined, but generally includes software
emplaced on a computer without the user's knowledge that takes control of the
computer away from the user, such as by redirecting the computer to unintended
websites, causing advertisements to appear, or collecting information and
transmitting it to another person. Four spyware bills are pending; one (H.R. 2929)
has been ordered reported from committee.
Identity theft is not an Internet privacy issue, but is often debated in the context
of whether the Internet makes identity theft more prevalent. Thus, it is briefly
discussed in this report. For more information on that topic, see CRS Report
RL31919, Remedies Available to Victims of Identity Theft, and CRS Report
RL32121, Fair Credit Reporting Act: A Side-by-Side Comparison of House, Senate
and Conference Versions.
This report provides an overview of Internet privacy, tracks Internet privacy
legislation pending before the 108th Congress, and describes the laws that were
enacted in the 107th Congress. For information on wireless privacy issues, see CRS
Report RL31636, Wireless Privacy: Availability of Location Information for
Telemarketing. This report will be updated.
