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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 email 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 officials 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 may voluntarily release the content of communications if they believe there is a danger of death or injury. The report of the 9/11 Commission called for a full and informed debate on the USA PATRIOT Act, and creation of a board to ensure that privacy and civil liberties are protected. Congress directed that a Privacy and Civil Liberties Oversight Board be established as part of the law that implements many of the Commission's recommendations (P.L. 108-457). Legislation is pending (H.R. 1310) to make certain modifications to that Board, and to change some of the sunset provisions of the USA PATRIOT Act (H.R. 1526, H.R. 3199, S. 737). 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 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 report tracks Internet privacy-related legislation in the 109th Congress, and provides an overview of Internet privacy issues and related laws passed in the previous two Congresses. This report will be updated.
