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2017 - 2018 LEGISLATURE
SENATE AMENDMENT 17,
TO ASSEMBLY BILL 64
September 15, 2017 - Offered by Senators Vinehout, Bewley, Ringhand,
Carpenter, L. Taylor, Risser, Hansen and Larson.
AB64-SA17,1,21 At the locations indicated, amend the bill, as shown by assembly substitute
2amendment 1, as follows:
AB64-SA17,1,3 31. Page 79, line 7: after that line insert: - See PDF for table PDF
AB64-SA17,1,4 42. Page 278, line 2: after that line insert:
AB64-SA17,1,5 5 Section 198g. 20.155 (3) (a) of the statutes is created to read:
AB64-SA17,1,86 20.155 (3) (a) Broadband expansion grants; general purpose revenue funding.
7As a continuing appropriation, the amounts in the schedule for broadband expansion
8grants under s. 196.504.”.
AB64-SA17,1,9 93. Page 723, line 11: after that line insert:
AB64-SA17,1,10 10 Section 1305c. 100.70 of the statutes is created to read:
AB64-SA17,2,2
1100.70 Privacy and security of information obtained by an Internet
2service provider.
(1) Definitions. In this section:
AB64-SA17,2,53 (a) “Breach of security” means any instance in which a person, without
4authorization or exceeding authorization, has gained access to, used, or disclosed
5customer proprietary information.
AB64-SA17,2,106 (b) 1. “Broadband Internet access service” means a mass-market retail service
7by wire or radio that provides the capability to transmit data and receive data from
8all or substantially all Internet endpoints, including any capabilities that are
9incidental to and enable the operation of the service, but excluding dial-up Internet
10access service.
AB64-SA17,2,1311 2. “Broadband Internet access service” includes any service that the
12department finds is a functional equivalent of the service specified in subd. 1. or is
13used to evade the requirements under this section.
AB64-SA17,2,1414 (c) “Customer” means any of the following:
AB64-SA17,2,1615 1. A current or former subscriber to broadband Internet access service who
16resides in this state.
AB64-SA17,2,2017 2. A person who resides in this state and uses or has used broadband Internet
18access service that is provided under an agreement between a current or former
19subscriber who resides in this state and a broadband Internet access service
20provider.
AB64-SA17,2,2221 (d) “Customer proprietary information” means any of the following
22information:
AB64-SA17,3,223 1. Individually identifiable information that relates to the quantity, technical
24configuration, type, destination, location, or amount of use of a broadband Internet

1access service subscribed to by a customer of a provider of that service, and that is
2made available to the provider by the customer.
AB64-SA17,3,43 2. Any information that is linked or reasonably able to be linked to an
4individual or a device.
AB64-SA17,3,55 3. Content of a customer's communications.
AB64-SA17,3,96 (e) “Material change” means any change that a customer, acting reasonably
7under the circumstances, would consider important to his or her decisions
8concerning his or her privacy, including any change to information required to be
9presented in the notice required under sub. (2) (b).
AB64-SA17,3,1110 (f) “Non-sensitive customer proprietary information” means customer
11proprietary information that is not sensitive customer proprietary information.
AB64-SA17,3,1412 (g) “Opt-in approval” means the method for obtaining customer consent in
13which a provider obtains from the customer affirmative, express consent after the
14customer is provided appropriate notification of the provider's request for consent.
AB64-SA17,3,1815 (h) “Opt-out approval” means the method for obtaining customer consent in
16which a customer is deemed to have consented if the customer has failed to object to
17a provider's request after the customer is provided with appropriate notification of
18the provider's request for consent.
AB64-SA17,3,2019 (i) “Prospective customer” means an applicant for broadband Internet access
20service who resides in this state.
AB64-SA17,3,2221 (j) “Sensitive customer proprietary information” means customer proprietary
22information that is any of the following:
AB64-SA17,3,2323 1. Financial information.
AB64-SA17,3,2424 2. Health information.
AB64-SA17,3,2525 3. Information pertaining to a child.
AB64-SA17,4,1
14. A social security number.
AB64-SA17,4,22 5. Precise geo-location information.
AB64-SA17,4,33 6. Content of communications.
AB64-SA17,4,54 7. Web browsing history, smart phone or tablet computer application usage
5history, and the functional equivalents of either.
AB64-SA17,4,86 (k) “Subscriber” means a person who enters into an agreement for the provision
7of broadband Internet access services with a provider of broadband Internet access
8services. “Subscriber” does not include a person who resells services.
AB64-SA17,4,12 9(2) Notice requirements. (a) When notice required. 1. A broadband Internet
10access service provider shall make a notice available at all times to customers about
11its policies concerning the privacy of the information that the provider obtains about
12customers.
AB64-SA17,4,1513 2. A broadband Internet access service provider shall notify a prospective
14customer, at the point of sale, prior to a purchase of service, about its policies
15concerning the privacy of information that the provider obtains about customers.
AB64-SA17,4,1716 (b) Contents. A broadband Internet access service provider shall include all of
17the following in the notice provided to customers under par. (a):
AB64-SA17,4,2018 1. A specific description of the types of customer proprietary information that
19the broadband Internet access service provider collects from providing broadband
20Internet access service and how it uses that information.
AB64-SA17,4,2321 2. A specific description of the circumstances under which the broadband
22Internet access service provider discloses or permits access to each type of customer
23proprietary information that it collects.
AB64-SA17,5,224 3. A specific description of the categories of entities to which the broadband
25Internet access service provider discloses or permits to access customer proprietary

1information and the purposes for which that information will be used by each
2category of entities.
AB64-SA17,5,53 4. A specific description of the customer's rights to grant, deny, or withdraw
4approval concerning the customer's proprietary information, including each of the
5following:
AB64-SA17,5,86 a. A statement that the customer's denial or withdrawal of approval to use,
7disclose, or permit access to customer proprietary information will not affect the
8provision of any broadband Internet access services to the customer.
AB64-SA17,5,119 b. A statement that any grant, denial, or withdrawal of approval for the use,
10disclosure, or permission of access to customer proprietary information is valid until
11the customer affirmatively revokes the grant, denial, or withdrawal.
AB64-SA17,5,1312 c. A statement that the customer has the right to deny or withdraw approval
13to use, disclose, or permit access to customer proprietary information at any time.
AB64-SA17,5,1414 5. Access to a mechanism required under sub. (3) (d) 3.
AB64-SA17,5,1915 (c) Material changes to a privacy policy. A broadband Internet access service
16provider shall provide a notice, through electronic mail or another means of prompt
17communication agreed upon by the customer, to a customer of a material change to
18its policies concerning the privacy of information that the provider obtains about the
19customer. The notice shall include all of the following:
AB64-SA17,5,2420 1. A specific description of the changes made to the provider's privacy policies,
21including any changes to what customer proprietary information the provider
22collects; how the provider uses, discloses, or permits access to that information; the
23categories of entities to which it discloses or permits access to customer proprietary
24information; and which, if any, changes are retroactive.
AB64-SA17,5,2525 2. The description required under par. (b) 4.
AB64-SA17,6,1
13. Access to a mechanism required under sub. (3) (d) 3.
AB64-SA17,6,52 (d) When translation required. If a broadband Internet access service provider
3transacts business with a customer in a language other than English, the provider
4shall translate the contents of the notices required under pars. (b) and (c) into the
5language through which the provider transacts business with the customer.
AB64-SA17,6,8 6(3) Customer approval. (a) Opt-in approval required. Except as provided
7under par. (c), a broadband Internet access service provider may not do any of the
8following unless the provider obtains opt-in approval from the customer:
AB64-SA17,6,109 1. Use, disclose, or permit access to any of the customer's sensitive customer
10proprietary information.
AB64-SA17,6,1311 2. Use, disclose, or permit access to any of the customer's proprietary
12information previously collected by the provider for which the customer has not
13previously granted approval under this paragraph or par. (b).
AB64-SA17,6,1714 (b) Opt-out approval required. 1. Except as provided under subd. 2. or par. (c),
15a broadband Internet access service provider may not use, disclose, or permit access
16to any of a customer's non-sensitive customer proprietary information unless the
17provider obtains opt-out approval from the customer.
AB64-SA17,6,2018 2. A broadband Internet access service provider may obtain opt-in approval
19from a customer to use, disclose, or permit access to any of the customer's
20non-sensitive customer proprietary information.
AB64-SA17,6,2421 (c) Permissible use without customer approval. A broadband Internet access
22service provider may use, disclose, or permit access to customer proprietary
23information without approval from the customer under par. (a) or (b) only for the
24following purposes:
AB64-SA17,7,3
11. To provide the broadband Internet access service from which the information
2is derived, or in its provision of services necessary to, or used in, the provision of that
3service.
AB64-SA17,7,44 2. To initiate, render, bill, or collect for broadband Internet access service.
AB64-SA17,7,75 3. To protect the rights or property of the broadband Internet access service
6provider, or to protect users of the broadband Internet access service and other
7providers from fraudulent, abusive, or unlawful use of the service.
AB64-SA17,7,108 4. To provide any marketing, referral, or administrative services to a customer
9for the duration of a real-time interaction if the interaction was initiated by the
10customer.
AB64-SA17,7,1211 5. To provide location information or non-sensitive customer proprietary
12information to any of the following:
AB64-SA17,7,1613 a. A public safety answering point, as defined in s. 256.35 (1) (gm), emergency
14medical service provider, emergency dispatch provider, public safety official, fire
15service official, law enforcement official, or hospital emergency or trauma care
16facility, in order to respond to the user's request for emergency services.
AB64-SA17,7,1917 b. The user's legal guardian or a member of the user's immediate family, to
18inform about the user's location in an emergency situation that involves the risk of
19death or serious physical harm.
AB64-SA17,7,2220 c. A provider of information or database management services only for the
21purpose of assisting in the delivery of emergency services in response to an
22emergency.
AB64-SA17,7,2323 6. As otherwise required or authorized by law.
AB64-SA17,8,324 (d) Solicitation and exercise of customer approval. 1. A broadband Internet
25access service provider shall request the approval required under par. (a) or (b) at the

1point of sale to a customer and at the time the provider makes a material change to
2its policies concerning the privacy of information that the provider obtains about a
3customer.
AB64-SA17,8,64 2. A broadband Internet access service provider shall request customer
5approval clearly and conspicuously, in language that is readily understandable and
6not misleading, and each request shall include all of the following:
AB64-SA17,8,87 a. A disclosure of the types of customer proprietary information for which the
8provider is seeking customer approval to use, disclose, or permit access to.
AB64-SA17,8,109 b. A disclosure of the purposes for which the customer's proprietary
10information will be used.
AB64-SA17,8,1211 c. A disclosure of the categories of entities to which the provider intends to
12disclose or permit access to the customer proprietary information.
AB64-SA17,8,1313 d. A means to easily access the notice required under sub. (2) (a) or (c).
AB64-SA17,8,1414 e. A means to easily access the mechanism required under subd. 3.
AB64-SA17,8,1715 3. A broadband Internet access service provider shall make available, at no
16additional cost to the customer, a mechanism for a customer to grant, deny, or
17withdraw opt-in approval or opt-out approval, or both, at any time.
AB64-SA17,8,2118 4. A broadband Internet access service provider shall give effect to a customer's
19grant, denial, or withdrawal of approval promptly, and the grant, denial, or
20withdrawal of approval shall remain in effect until the customer revokes or limits the
21grant, denial, or withdrawal of approval.
AB64-SA17,9,222 5. If a broadband Internet access service provider transacts business with a
23customer in a language other than English, the provider shall translate the contents
24required under subd. 2. and the instructions for using the mechanism required under

1subd. 3. into the language through which the provider transacts business with the
2customer.
AB64-SA17,9,5 3(4) Data security. (a) A broadband Internet access service provider shall take
4reasonable security measures to protect customer proprietary information from
5unauthorized use, disclosure, or access.
AB64-SA17,9,86 (b) In implementing reasonable security measures under par. (a), a broadband
7Internet access service provider shall appropriately take into account each of the
8following factors:
AB64-SA17,9,99 1. The nature and scope of the provider's activities.
AB64-SA17,9,1010 2. The sensitivity of the data it collects.
AB64-SA17,9,1111 3. The size of the provider.
AB64-SA17,9,1212 4. The technical feasibility of implementing the security measures.
AB64-SA17,9,19 13(5) Data breach notification. (a) Customer notification. 1. Except as provided
14in subd. 4., a broadband Internet access service provider shall, without unreasonable
15delay, notify a customer about any breach of security involving customer proprietary
16information pertaining to that customer within 30 days after the provider reasonably
17determines that a breach of security has occurred unless the provider reasonably
18determines that no harm to the customer is reasonably likely to occur as a result of
19the breach of security.
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