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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.
AB64-SA17,9,2120 2. A broadband Internet access service provider shall notify a customer about
21a breach of security under subd. 1. by at least one of the following methods:
AB64-SA17,9,2522 a. A written notification sent to either the customer's electronic mail address
23or the postal address of record of the customer, or, for former customers, to the last
24postal address ascertainable after reasonable investigation using commonly
25available sources.
AB64-SA17,10,2
1b. Other electronic means of prompt communication agreed upon by the
2customer for contacting that customer for breach of security notification purposes.
AB64-SA17,10,43 3. A broadband Internet access service provider shall provide all of the
4following information in a notice required under subd. 1.:
AB64-SA17,10,55 a. The date, estimated date, or estimated date range of the breach of security.
AB64-SA17,10,86 b. A description of the customer proprietary information that was involved in
7the breach of security or reasonably believed to have been involved in the breach of
8security.
AB64-SA17,10,119 c. Information that the customer may use to contact the provider to inquire
10about the breach of security and the customer proprietary information that the
11provider maintains about that customer.
AB64-SA17,10,1312 d. Information about how to contact the department and any federal agencies
13relevant to the service provided to the customer.
AB64-SA17,10,1814 e. If the breach of security creates a risk of financial harm, information about
15the national credit-reporting agencies and the steps customers can take to guard
16against identity theft, including any credit monitoring, credit reporting, credit
17freezes, or other consumer protections that the provider is offering customers
18affected by the breach of security, including security freezes under s. 100.54.
AB64-SA17,10,2019 4. Upon the request of a law enforcement agency, a broadband Internet access
20service provider shall not disclose a breach of security to a customer.
AB64-SA17,11,221 (b) Notification to government agencies. 1. Except as provided in subd. 3., a
22broadband Internet access service provider shall notify the department and the
23department of justice of any breach of security affecting 5,000 or more customers no
24later than 7 business days after the provider reasonably determines that a breach

1of security has occurred and at least 3 business days before notifying the affected
2customers under par. (a) 1.
AB64-SA17,11,63 2. Except as provided in subd. 3., a broadband Internet access service provider
4shall, without unreasonable delay, notify the department of any breach of security
5affecting fewer than 5,000 customers within 30 days after the provider reasonably
6determines that a breach of security has occurred.
AB64-SA17,11,97 3. A broadband Internet access service provider is not required to notify the
8department under subd. 1. or 2. if it reasonably determines that no harm to
9customers is reasonably likely to occur as a result of the breach of security.
AB64-SA17,11,1310 (c) Record keeping. 1. Except as provided in subd. 3., a broadband Internet
11access service provider shall maintain a record, electronically or in some other
12manner, of each breach of security and the notifications made to customers under
13par. (a) 1. regarding that breach. The record shall include all of the following:
AB64-SA17,11,1514 a. The date that the provider first determines that the breach of security
15occurred.
AB64-SA17,11,1616 b. The date that customers were notified.
AB64-SA17,11,1717 c. A written copy of all customer notifications.
AB64-SA17,11,2018 2. A broadband Internet access service provider shall retain the record required
19under subd. 1. for at least 2 years from the date on which the provider first
20determines that the breach of security occurred.
AB64-SA17,11,2321 3. A broadband Internet access service provider is not required to maintain a
22record under subd. 1. if it reasonably determines that no harm to customers is
23reasonably likely to occur as a result of the breach of security.
AB64-SA17,12,2 24(6) Internet access service offers conditioned on waiver of privacy. (a) A
25broadband Internet access service provider may not refuse to provide broadband

1Internet access service because a customer or prospective customer does not provide
2approval required under sub. (3) (a) or (b).
AB64-SA17,12,63 (b) A broadband Internet access service provider that offers a financial
4incentive program, such as lower rates, in exchange for a customer's approval to use,
5disclose, or permit access to the customer's proprietary information shall do all of the
6following:
AB64-SA17,12,87 1. Provide a notice explaining the terms of the financial incentive program that
8includes all of the following:
AB64-SA17,12,109 a. An explanation that the program requires opt-in approval from the
10customer to use, disclose, or permit access to the customer's proprietary information.
AB64-SA17,12,1311 b. Information about what customer proprietary information the provider will
12collect, how it will be used, and the categories of entities with which it will be shared
13and for what purposes.
AB64-SA17,12,1614 c. Information, prominently displayed, about the equivalent service plan that
15does not necessitate the use, disclosure, or access to customer proprietary
16information beyond that required or permitted under sub. (3) (c).
AB64-SA17,12,1817 2. Obtain opt-in approval from the customer for consent to participate in the
18financial incentive program.
AB64-SA17,12,2019 3. Provide the notice required under subd. 1. at the time the program is offered
20to a customer and at the time that a customer elects to participate in the program.
AB64-SA17,12,2321 4. Make the notice required under subd. 1. easily accessible and available
22separate from any other privacy notifications, including the notifications required
23under sub. (2) (a) or (c).
AB64-SA17,13,3
15. If the provider transacts business with a customer in a language other than
2English, translate the contents required under subd. 1. into the language through
3which the provider transacts business with the customer.
AB64-SA17,13,74 6. If the customer grants the opt-in approval required under subd. 2., a
5broadband Internet access service provider shall make available a mechanism for
6the customer to withdraw approval for participation in the financial incentive
7program under this paragraph at any time.
AB64-SA17,13,12 8(7) Remedies and penalties. (a) 1. A person or class of persons adversely
9affected by a broadband Internet access service provider's violation of this section
10has a claim for appropriate relief, including damages, injunctive relief, and
11rescission and may bring an action in circuit court against the broadband Internet
12access service provider.
AB64-SA17,13,1413 2. Notwithstanding s. 814.04 (1), a person or class of persons entitled to relief
14under subd. 1 may recover costs, disbursements, and reasonable attorney fees.
AB64-SA17,13,1715 (b) 1. Any of the following may bring an action in circuit court in the name of
16the state to restrain by temporary or permanent injunction any violation of this
17section:
AB64-SA17,13,1818 a. The department.
AB64-SA17,13,1919 b. The department of justice, after consulting with the department.
AB64-SA17,13,2020 c. Any district attorney, upon informing the department.
AB64-SA17,13,2421 2. Before entry of final judgment, the court may make any order or judgment
22necessary to restore to any person any pecuniary loss suffered because of a violation
23that is the subject of the action under subd. 1., if proof of the violation is submitted
24to the satisfaction of the court.
AB64-SA17,14,5
1(c) 1. For any violation of this section, the department of justice, after
2consulting with the department, or the district attorney for the county where the
3violation occurs, upon informing the department, may commence an action in the
4name of the state to recover a forfeiture of not more than $50,000 for the first
5violation and not more than $100,000 for each subsequent violation.
AB64-SA17,14,86 2. Each occasion that a broadband Internet access service provider uses,
7discloses, or permits access to an individual customer's proprietary information in
8violation of sub. (3) (a) or (b) constitutes a separate violation.”.
AB64-SA17,14,9 94. Page 859, line 14: delete that line and substitute:
AB64-SA17,14,11 10 Section 1695b. 196.504 (1) (a) of the statutes is renumbered 196.504 (1) (ad),
11and 196.504 (1) (ad) 2., as renumbered, is amended to read:
AB64-SA17,14,13 12196.504 (1) (ad) 2. A telecommunications utility that has not received or
13applied for A-CAM or phase II support
.
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