PRIVACY RIGHTS OF SATELLITE SUBSCRIBERS.

SEC. 206. PRIVACY RIGHTS OF SATELLITE SUBSCRIBERS.(a) Amendment.—Section 338 of the Communications Act of 1934 (47 U.S.C. 338) is further amended by inserting after subsection (h) (as added by section 205) the following new subsection:“(i) Privacy Rights of Satellite Subscribers.—“(1) Notice.—At the time of entering into an agreement to provide any satellite service or other service to a subscriber 118 STAT. 3426 and at least once a year thereafter, a satellite carrier shall provide notice in the form of a separate, written statement to such subscriber which clearly and conspicuously informs the subscriber of—“(A) the nature of personally identifiable information collected or to be collected with respect to the subscriber and the nature of the use of such information;“(B) the nature, frequency, and purpose of any disclosure which may be made of such information, including an identification of the types of persons to whom the disclosure may be made;“(C) the period during which such information will be maintained by the satellite carrier;“(D) the times and place at which the subscriber may have access to such information in accordance with paragraph (5); and“(E) the limitations provided by this section with respect to the collection and disclosure of information by a satellite carrier and the right of the subscriber under paragraphs (7) and (9) to enforce such limitations.In the case of subscribers who have entered into such an agreement before the effective date of this subsection, such notice shall be provided within 180 days of such date and at least once a year thereafter.“(2) Definitions.—For purposes of this subsection, other than paragraph (9)—“(A) the term ‘personally identifiable information’ does not include any record of aggregate data which does not identify particular persons;“(B) the term ‘other service’ includes any wire or radio communications service provided using any of the facilities of a satellite carrier that are used in the provision of satellite service; and“(C) the term ‘satellite carrier’ includes, in addition to persons within the definition of satellite carrier, any person who—“(i) is owned or controlled by, or under common ownership or control with, a satellite carrier; and“(ii) provides any wire or radio communications service.“(3) Prohibitions.—“(A) Consent to collection.—Except as provided in subparagraph (B), a satellite carrier shall not use any facilities used by the satellite carrier to collect personally identifiable information concerning any subscriber without the prior written or electronic consent of the subscriber concerned.“(B) Exceptions.—A satellite carrier may use such facilities to collect such information in order to—“(i) obtain information necessary to render a satellite service or other service provided by the satellite carrier to the subscriber; or“(ii) detect unauthorized reception of satellite communications.“(4) Disclosure.—“(A) Consent to disclosure.—Except as provided in subparagraph (B), a satellite carrier shall not disclose 118 STAT. 3427 personally identifiable information concerning any subscriber without the prior written or electronic consent of the subscriber concerned and shall take such actions as are necessary to prevent unauthorized access to such information by a person other than the subscriber or satellite carrier.“(B) Exceptions.—A satellite carrier may disclose such information if the disclosure is—“(i) necessary to render, or conduct a legitimate business activity related to, a satellite service or other service provided by the satellite carrier to the subscriber;“(ii) subject to paragraph (9), made pursuant to a court order authorizing such disclosure, if the subscriber is notified of such order by the person to whom the order is directed;“(iii) a disclosure of the names and addresses of subscribers to any satellite service or other service, if—“(I) the satellite carrier has provided the subscriber the opportunity to prohibit or limit such disclosure; and“(II) the disclosure does not reveal, directly or indirectly, the—“(aa) extent of any viewing or other use by the subscriber of a satellite service or other service provided by the satellite carrier; or“(bb) the nature of any transaction made by the subscriber over any facilities used by the satellite carrier; or“(iv) to a government entity as authorized under chapter 119, 121, or 206 of title 18, United States Code, except that such disclosure shall not include records revealing satellite subscriber selection of video programming from a satellite carrier.“(5) Access by subscriber.—A satellite subscriber shall be provided access to all personally identifiable information regarding that subscriber which is collected and maintained by a satellite carrier. Such information shall be made available to the subscriber at reasonable times and at a convenient place designated by such satellite carrier. A satellite subscriber shall be provided reasonable opportunity to correct any error in such information.“(6) Destruction of information.—A satellite carrier shall destroy personally identifiable information if the information is no longer necessary for the purpose for which it was collected and there are no pending requests or orders for access to such information under paragraph (5) or pursuant to a court order.“(7) Penalties.—Any person aggrieved by any act of a satellite carrier in violation of this section may bring a civil action in a United States district court. The court may award—“(A) actual damages but not less than liquidated damages computed at the rate of $100 a day for each day of violation or $1,000, whichever is higher;“(B) punitive damages; and118 STAT. 3428“(C) reasonable attorneys’ fees and other litigation costs reasonably incurred.The remedy provided by this subsection shall be in addition to any other lawful remedy available to a satellite subscriber.“(8) Rule of construction.—Nothing in this title shall be construed to prohibit any State from enacting or enforcing laws consistent with this section for the protection of subscriber privacy.“(9) Court orders.—Except as provided in paragraph (4)(B)(iv), a governmental entity may obtain personally identifiable information concerning a satellite subscriber pursuant to a court order only if, in the court proceeding relevant to such court order—“(A) such entity offers clear and convincing evidence that the subject of the information is reasonably suspected of engaging in criminal activity and that the information sought would be material evidence in the case; and“(B) the subject of the information is afforded the opportunity to appear and contest such entity’s claim.”.(b) Effective Date.—Section 338(i) of the Communications Act of 1934 (47 U.S.C. 338(i)) as amended by subsection (a) of this section shall be effective 60 days after the date of enactment of this Act.