II

100TH CONGRESS

2D SESSION

S. 2361

To amend title 18, United States Code, to preserve personal privacy with respect to the rental, purchase, or delivery of video tapes or similar audio visual materials and the use of library materials or services.

IN THE SENATE OF THE UNITED STATES

MAY 10 (legislative day, MAY 9), 1988

Mr. LEAHY (for himself, Mr. GRASSLEY, Mr. SIMON, and Mr. SIMPSON) introduced the following bill; which was read twice and referred to the Committee on the Judiciary

A BILL

To amend title 18, United States Code, to preserve personal privacy with respect to the rental, purchase, or delivery of video tapes or similar audio visual materials and the use of library materials or services.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 3 SECTION 1. SHORT TITLE.

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This Act may be cited as the "Video and Library

5 Privacy Protection Act of 1988".

6 SEC. 2. CHAPTER 121 AMENDMENT.

7 (a) IN GENERAL.-Chapter 121 of title 18, United

8 States Code, is amended

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(1) by redesignating section 2710 as section 2711;

(2) by inserting after section 2709 the following:

4 "8 2710. Wrongful disclosure of video tape rental or sale

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records and library records

"(a) DEFINITIONS.-For purposes of this section

"(1) the term 'patron' means any individual who

requests or receives

"(A) services within a library; or

"(B) books or other materials on loan from a library;

"(2) the term 'consumer' means any renter, purchaser, or subscriber of goods or services from a video

tape service provider;

"(3) the term 'library' means an institution which operates as a public library or serves as a library for any university, school, or college;

"(4) the term 'ordinary course of business' means only debt collection activities and the transfer of ownership;

"(5) the term 'personally identifiable information' includes information which identifies a person as

having requested or obtained specific materials or serv

ices from a video tape service provider or library; and

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"(6) the term 'video tape service provider' means

any person, engaged in the business of rental, sale, or

delivery of pre-recorded video cassette tapes or similar

audio visual materials.

"(b) VIDEO TAPE RENTAL AND SALE RECORDS.-(1) 6 A video tape service provider who knowingly discloses, to 7 any person, personally identifiable information concerning 8 any consumer of such provider shall be liable to the ag9 grieved person for the relief provided in subsection (d).

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"(2) A video tape service provider may disclose person11 ally identifiable information concerning any consumer

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"(A) to the consumer;

"(B) to any person with the informed, written

consent of the consumer given at the time the disclosure is sought;

"(C) to a law enforcement agency pursuant to a court order authorizing such disclosure if

"(i) the consumer is given reasonable notice, by the law enforcement agency, of the court proceeding relevant to the issuance of the court order and is afforded the opportunity to appear and con

test the claim of the law enforcement agency; and

"(ii) such law enforcement agency offers

clear and convincing evidence that the subject of

the information is reasonably suspected of engag

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ing in criminal activity and the information sought

is highly probative and material to the case;

"(D) to any person if the disclosure is solely of

the names and addresses of consumers and if—

"(i) the video tape service provider has provided the consumer with the opportunity, in a

writing separate from any rental, sales, or subscription agreement, to prohibit such disclosure; and

"(ii) the disclosure does not reveal, directly or indirectly, the title, description, or subject matter of any video tapes or other audio visual material;

"(E) to any person if the disclosure is incident to the ordinary course of business of the video tape service provider; or

"(F) pursuant to a court order, in a civil proceeding upon a showing of compelling need for the information that cannot be accommodated by any other means, if—

"(i) the consumer is given reasonable notice, by the person seeking the disclosure, of the court

proceeding relevant to the issuance of the court order; and

4 If an order is granted pursuant to subparagraph (C) or (F), 5 the court shall impose appropriate safeguards against unau6 thorized disclosure.

7 "(c) LIBRARY RECORDS.-(1) Any library which know8 ingly discloses, to any person, personally identifiable informa9 tion concerning any patron of such institution shall be liable 10 to the aggrieved person for the relief provided in subsection 11 (d).

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"(2) A library may disclose personally identifiable infor

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"(A) to the patron;

"(B) to any person with the informed written consent of the patron given at the time the disclosure is

sought;

"(C) to a law enforcement agency pursuant to a

court order authorizing such disclosure if

"(i) the patron is given reasonable notice, by the law enforcement agency, of the court proceeding relevant to the issuance of the court order and

is afforded the opportunity to appear and contest

the claim of the law enforcement agency; and