As one of the most active organizations fighting for the rights of Internet companies, USIIA tracks critical public policy issues in a wide range of areas.   USIIA's Public Policy is set by its Board of Directors based on the good of the majority of our members and the industry and according to our public policy platform.

USIIA Positions on:

• Municipal Networks and Deployment of Broadband.  The USIIA Board of Directors adopted this policy on May 19, 2005.

• Data Retention.  The USIIA Board of directors adopted this policy on February 24, 2005.

• Deployment of Broadband.  The USIIA Board of Directors adopted this policy on October 17, 2001.

• Discrimination Against Internet Companies.  The USIIA Board of Directors unanimously approved our policy statement on April 19, 2000.

• Internet Taxation.  The USIIA Board of Directors unanimously approved our policy statement on taxation on April 19, 2000.

• Privacy.  The USIIA Board of Directors unanimously approved our policy statement on privacy on March 3, 2000.

• New and Emerging Technologies. Advancing technologies offer faster and easier access to the wealth of information online, but may also bring new levels of chaos to the industry. USIIA's Board addresses the issue in a policy statement.

Legislation you need to know about:

• The "Internet Tax Non-Discrimination Act," which extends the moratorium on taxes for Internet access, as well as multiple and discriminatory taxes on Internet transactions, until 2008.

• The "Identity Theft Penalty Enhancement Act," signed into law in July, 2004. The law expands the federal penalty for identity theft from three to five years, plus five more years if the crime committed with the identity is deemed terrorism.  It also creates the new crime of aggravated identity theft, which occurs when the false identity is used in the commission of a felony. This carries a mandatory two-year sentence on top of whatever the other sentence is meted out.

• California's Online Privacy Protection Act, which went into effect July 1, 2004.  The law requires companies operating a commercial web site that is accessible by California consumer to post a conspicuous privacy policy on their sites and to disclose what personally-discernable information they collect and share.

• The CAN-SPAM Act of 2003, which pre-empts state laws and establishes the first national policies on unsolicited commercial email.  On December 16, 2004, this became public law 108-187.

• California's Database Security Breach Notification Act, which became effective on July 1, 2003 and requires rapid notification of consumers if their personal information is compromised by a security breach.

• The 2002 Homeland Security Act and its Cyber-Security Legislation. This bill encompasses a number of initiatives (in Title II, Subsection C, Sections 224 and 225), including the creation of a “Net Guard” force  of volunteers. It also increases the possible penalties for hackers to include life in prison if an attack causes or attempts to cause death. It also provides greater protections for ISPs that choose to turn information about their subscribers over to government officials during computer emergencies if the ISP believes in "good faith" that a risk of death or injury is imminent. Another section of the Homeland Security Act gives US authorities new power to trace Internet traffic and emails during cyber-attacks without court approval, though this could only happen in the event of a threat to national security and the government must obtain a judge's approval within 48 hours.

• Small Webcaster Settlement Act of 2002, which allows copyright owners to offer their music to webcaster based on a percentage-of-revenues royalty rate rather than the controversial flat per-song rate set by the Library of Congress.

• Cyber-Security Research and Development Act of 2002, which allocates some $900 million in federal funding the cyber-security research conducted by academia/industry partnerships.

• Dot-Kids Implementation and Efficiency Act of 2002, which creates a new “kids.us” domain in order to establish a child-friendly sanctuary on the Internet.

• The Federal accessibility final standards as required under Section 508 of the Rehabilitation Act, as amended by Congress in 1998 and released on December 21, 2000.  See the standards at http://www.access-board.gov/news/508-final.htm.

• The Internet False Identification Prevention Act of 2000 provides penalties for identity theft but does not impose liabilities on service providers.

• The Electronic Signatures in Global and National Commerce Act of 2000 establishes a national policy for digital signatures.

• The Digital Millennium Copyright Act provides relief from some liability, substituting instead a Notification and Takedown procedure. The section directly impacting online professionals can be found in Title II of the bill.  The US Copyright Office has issued interim regulations on how service providers may register a Designated Agent to Receive Notification of Claimed Infringement and thus avoid liability for copyright infringement acts of their subscribers. The interim procedures are required for every ISP.

• The Internet Tax Freedom Act of 1998. The final Senate version as it became law. Also see the two-year extension to the Act, passed in 2001.

• The Children's Online Privacy Protection Act of 1998 directed the Federal Trade Commission to establish policies to protect the privacy of children under the age of 13 when online.  The final FTC ruling on this issue goes into effect April 21, 2000.

• The Children's Online Protection Act (different from the above, and known as the COPA Bill) provides some guidelines for online services with regard to children.

• The Telecommunications Act of 1996. Of particular interest in this act are the defenses and protections offered in Title V Section 502, also known as the Exon Bill or the Communications Decency Act, and Section 509, also known as the Online Family Empowerment Act or the Cox/Wyden Bill. Section 502 contains the language ruled unconstitutional by the US Supreme Court.

• The Protection of Children From Sexual Predators Act of 1998 outlines responsibilities of online professionals -- including ISPs -- in reporting child abuse and pornography.

• The Electronic Communications Privacy Act of 1986 is an essential reference with respect to handling of e-mail and other electronic communications.

• The "No Electronic Theft" Act.

• The US Copyright Office has issued interim regulations on how service providers may register a Designated Agent to Receive Notification of Claimed Infringement and thus avoid liability for copyright infringement acts of their subscribers. The interim procedures are required for every ISP.

State Legislation of Note:

• Minnesota's privacy and anti-spam law, enacted in 2002.

• Maryland's law prohibiting harassment by email.

• California state laws, including both the 1997  California Consumer Protection Law. and California's anti-spam bill. A second anti-spam bill also enacted by California gives ISPs the right to sue to recover damages.

• Florida's 1996 Electronic Signature Act.

• Georgia's Anti-Fraud law covering false identities online and its digital signature legislation.

• Nevada's anti-spam legislation.

• Virginia in 1999 passed the first comprehensive Internet legislation covering multiple topics that include email, children and pornography, privacy and computer crimes (including spam).

• Washington state's anti-spam bill and digital signature statute.

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