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Letter from David R. Bender, Ph.D., Executive Director, Special Libraries

Association, Washington, DC, to the Honorable Peter W. Rodino, Jr.,

September 26, 1988
Letter from John H. Buchanan, Jr., Chairman, and Arthur J. Kropp, Presi-

dent, People for the American Way, Washington, DC, to the Honorable

Robert W. Kastenmeier, October 3, 1988....
Letter from Duane E. Webster, Executive Director, Association of Research

Libraries, Washington, DC, to the Honorable Robert W. Kastenmeier,

September 26, 1988.
Letter from the Honorable Robert W. Kastenmeier and the Honorable Don

Edwards, Chairman, Subcommittee on Civil and Constitutional Rights, to
the Honorable Louis Stokes, Chairman, Permanent Select Committee on

Intelligence, September 22, 1988..
Letter from Thomas M. Boyd, Acting Assistant Attorney General, Office of

Legislative Affairs, U.S. Department of Justice, to the Honorable Robert W.
Kastenmeier, September 27, 1988......

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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
JUSTICE, COMMITTEE ON THE JUDICIARY, AND U.S.
SENATE, SUBCOMMITTEE ON TECHNOLOGY AND THE LAW,
COMMITTEE ON THE JUDICIARY,

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:]

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100TH CONGRESS

20 SESSION

H.R. 4947

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

JUNE 29,

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.

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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.

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(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;

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(2) by inserting after section 2709 the following:

4 “8 2710. Wrongful disclosure of information relating to li

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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,

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“(1) to disclose to any other person or entity any

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personally identifiable information about any user of

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covered services; or

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“(2) to retain in a record any such information

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more than one year after

(A) that information is no longer necessary for the purposes for which it was collected; and

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"(B) there are no pending requests or court

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orders for disclosure under this section.

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"(b) EXCEPTIONS.—It is not a violation of sub

19 section (a) of this section to disclose information about an

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"(2) with that individual's consent under the cir

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cumstances described in subsection (c) of this section;

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“(3) to a law enforcement agency pursuant to an

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order under subsection (d) of this section; or

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