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Summary:
Internet privacy issues encompass concerns about the collection of personally identifiable information (PII) from visitors to government and commercial Web sites, as well as debate over law enforcement or employer monitoring of electronic mail and Web usage. In the wake of the September 11, 2001 terrorist attacks, debate over the issue of law enforcement monitoring has intensified, with some advocating increased tools for law enforcement to track down terrorists, and others cautioning that fundamental tenets of democracy, such as privacy, not be endangered in that pursuit. The 21st Century Department of Justice Appropriations Authorization Act (P.L. 107-273) requires the Justice Department to report to Congress on its use of Internet monitoring software such as Carnivore/DCS 1000. On the other hand, Congress also passed the USA PATRIOT Act (P.L. 107-56) that, inter alia, makes it easier for law enforcement to monitor Internet activities. The Homeland Security Act (P.L. 107296) expands upon that Act, loosening restrictions on Internet Service Providers as to when, and to whom, they can voluntarily release information about subscribers if they believe there is a danger of death or injury. The parallel debate over Web site 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 Web site operators to follow certain fair information practices, but none has passed. Legislation has passed, however, regarding information practices for federal government Web sites. For example, the E-Government Act (P.L. 107-347) sets requirements on how government agencies assure the privacy of personally identifiable information in government information systems and establishes guidelines for privacy policies for federal Web sites. This report provides a brief overview of Internet privacy issues, tracks Internet privacy legislation pending before the 108th Congress, and describes the four laws that were enacted in the 107th Congress (listed above). For more detailed discussion of the issues, see CRS Report RL30784, Internet Privacy: An Analysis of Technology and Policy Issues (December 21, 2000), and CRS Report RL31289, The Internet and the USA PATRIOT Act: Potential Implications for Electronic Privacy, Security, Commerce, and Government (March 4, 2002). For information on wireless privacy issues, including wireless Internet, see CRS Report RL31636, Wireless Privacy: Availability of Location Information for Telemarketing (regularly updated). 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. Thus, identity theft is briefly discussed in this report. For more information on that topic, see CRS Report RL31919, Remedies Available to Victims of Identity Theft, and CRS Report RS21083, Identity Theft and the Fair Credit Reporting Act: An Analysis of TRW v. Andrews and Current Legislation . This report will be updated.
