BROWSER Act of 2021
Latest action (22 Jul 2021): Introduced
What this bill does
H.R. 4659, the BROWSER Act of 2021, would establish federal privacy rules for two types of online providers: broadband internet access services and "edge services" (such as search engines, subscription-based online services, and apps that collect sensitive information). Providers would have to give users clear, conspicuous, and persistently available notice of their privacy policies, along with advance notice of material changes. Providers would need "opt-in" consent before using, disclosing, or allowing access to sensitive information (such as financial, health, Social Security, precise location, communications content, or browsing history), and at least "opt-out" consent for other, non-sensitive information. Exceptions apply for operating the service, billing, fraud prevention, emergency responses, and other legal requirements. Providers could not condition service on a user waiving these privacy rights.
The bill would primarily affect internet service providers, search engines, and other online platforms operating in the U.S., as well as their users, who would gain specific consent and notice rights. Enforcement would fall to the Federal Trade Commission, treating violations as unfair or deceptive practices. The bill would also preempt state laws on user-information privacy for covered providers and would override related Federal Communications Commission rules under the Communications Act, except those concerning emergency services.
The bill was introduced on July 22, 2021, by Rep. Lisa McClain and referred to the House Committee on Energy and Commerce. It did not receive a committee vote or further action, and the 117th Congress ended without the bill becoming law.
Plain-English summary generated by Bill100 AI from the official record. Always verify against the source below.
Official summary
Balancing the Rights Of Web Surfers Equally and Responsibly Act of 2021 or the BROWSER Act of 2021
This bill establishes information privacy protections that require broadband internet access services and certain websites or mobile applications to provide users with the ability to opt-in or opt-out of the using, disclosing, or accessing of their user information depending on the sensitivity of the information.
Covered service providers must provide opt-in approval through express user consent to use sensitive information such as financial data, health information, browsing history, or other specified personally identifiable information. Such service providers must obtain opt-out approval for the use of non-sensitive user information by a user failing to object to such use after being provided notice of the provider's privacy policies. Service providers also must allow users to opt-in or opt-out of such approval at any time.
The bill permits service providers to use and disclose user information without approval for specified purposes, including for services necessary for provision of the service and to initiate, render, bill, and collect for the service.
The bill further prohibits providers from conditioning access to service on users' agreeing to waive their privacy rights.
Common questions
- What does H.R. 4659 do?
- H.R. 4659, the BROWSER Act of 2021, would establish federal privacy rules for two types of online providers: broadband internet access services and "edge services" (such as search engines, subscription-based online services, and apps that collect sensitive information). Providers would have to give users clear, conspicuous, and persistently available notice of their privacy policies, along with advance notice of material changes. Providers would need "opt-in" consent before using, disclosing, or allowing access to sensitive information (such as financial, health, Social Security, precise location, communications content, or browsing history), and at least "opt-out" consent for other, non-sensitive information. Exceptions apply for operating the service, billing, fraud prevention, emergency responses, and other legal requirements. Providers could not condition service on a user waiving these privacy rights. The bill would primarily affect internet service providers, search engines, and other online platforms operating in the U.S., as well as their users, who would gain specific consent and notice rights. Enforcement would fall to the Federal Trade Commission, treating violations as unfair or deceptive practices. The bill would also preempt state laws on user-information privacy for covered providers and would override related Federal Communications Commission rules under the Communications Act, except those concerning emergency services. The bill was introduced on July 22, 2021, by Rep. Lisa McClain and referred to the House Committee on Energy and Commerce. It did not receive a committee vote or further action, and the 117th Congress ended without the bill becoming law.
- Has H.R. 4659 become law?
- Not yet. As of 22 Jul 2021, H.R. 4659 is introduced.
- Who sponsored H.R. 4659?
- H.R. 4659 was sponsored by Rep. Lisa McClain [R-MI9] (Republican-MI), with 5 cosponsors.
- What's the latest action on H.R. 4659?
- Introduced (22 Jul 2021).
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