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The Honorable Patrick J. Leahy, a Senator from the State of Vermont;
Chairman, Senate Subcommittee on Technology and the Law......
Invitation to testify from the Honorable Patrick J. Leahy and the Honorable
Peter W. Rodino, Jr., Chairman, Committee on the Judiciary, U.S. House of
Letter from David R. Bender, Ph.D., Executive Director, Special Libraries
Association, Washington, DC, to the Honorable Peter W. Rodino, Jr.,
September 26, 1988
dent, People for the American Way, Washington, DC, to the Honorable
Robert W. Kastenmeier, October 3, 1988....
Libraries, Washington, DC, to the Honorable Robert W. Kastenmeier,
September 26, 1988.
Edwards, Chairman, Subcommittee on Civil and Constitutional Rights, to
Intelligence, September 22, 1988..
Legislative Affairs, U.S. Department of Justice, to the Honorable Robert W.
VIDEO AND LIBRARY PRIVACY PROTECTION
ACT OF 1988
WEDNESDAY, AUGUST 3, 1988
U.S. HOUSE OF REPRESENTATIVES, SUBCOMMITTEE ON
COURTS, Civil LIBERTIES, AND THE ADMINISTRATION OF
Washington, DC. The subcommittees met, pursuant to notice, at 9:40 a.m., in room 2237, Rayburn House Office Building, Hon. Robert W. Kastenmeier (chairman of the Subcommittee on Courts, Civil Liberties, and the Administration of Justice) presiding.
Present (House): Representatives Kastenmeier, Berman, Cardin, Moorhead, DeWine, Coble, and Slaughter.
Present (Senate): Senators Leahy and Simon.
Staff present (House): Michael J. Remington, chief counsel; Virginia E. Sloan, counsel; David W. Beier, counsel; Joseph V. Wolfe, associate counsel; and Judith W. Krivit, clerk.
Staff present (Senate): Ann M. Harkins, chief counsel; Marc S. Rotenberg, counsel; Susan P. Kaplan, counsel; and Jill D. Friedman, clerk.
Mr. KASTENMEIER. The meeting will come to order. [Copies of H.R. 4947 and S. 2361 follow:]
To amend title 18, United States Code, to preserve personal privacy of individuals
with respect to certain library use and use of services involving the rental or purchase of video tapes, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
1988 Mr. KASTENMEIER (for himself and Mr. MCCANDLESS) introduced the following
bill; which was referred to the Committee on the Judiciary
A BILL To amend title 18, United States Code, to preserve personal
privacy of individuals with respect to certain library use and use of services involving the rental or purchase of video tapes, and for other purposes.
Be it enacted by the Senate and House of Representa
2 tives of the United States of America in Congress assembled,
3 SECTION 1. SHORT TITLE.
4 This Act may be cited as the “Video and Library 5 Privacy Protection Act of 1988”.
6 SEC. 2. CHAPTER 121 AMENDMENT.
(a) IN GENERAL.—Chapter 121 of title 18, United
8 States Code, is amended
(1) by redesignating section 2710 as section 2711;
(2) by inserting after section 2709 the following:
4 “8 2710. Wrongful disclosure of information relating to li
brary use or video tape rental or sale
6 “(a) PROHIBITIONS.—Except as provided in subsection 7 (b), it shall be unlawful for a video service provider or library 8 knowingly,
“(1) to disclose to any other person or entity any
personally identifiable information about any user of
covered services; or
“(2) to retain in a record any such information
more than one year after
“(A) that information is no longer necessary for the purposes for which it was collected; and
"(B) there are no pending requests or court
orders for disclosure under this section.
"(b) EXCEPTIONS.—It is not a violation of sub
19 section (a) of this section to disclose information about an
"(2) with that individual's consent under the cir
cumstances described in subsection (c) of this section;
“(3) to a law enforcement agency pursuant to an
order under subsection (d) of this section; or