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Title I — Promotion of global Internet freedom

H.R. 491 · 113th Congress · Feb 4, 2013 · Lineage

I Promotion of global Internet freedom

Sec. 101 Statement of policy

It shall be the policy of the United States—
(1)
to promote as a fundamental component of United States foreign policy the right of every individual to freedom of opinion and expression, including the right to hold opinions, and to seek, receive, and impart information and ideas through any media and regardless of frontiers, without interference;
(2)
to use all appropriate instruments of United States influence, including diplomacy, trade policy, and export controls, to support, promote, and strengthen principles, practices, and values that promote the free flow of information without interference or discrimination, including through the Internet and other electronic media; and
(3)
to deter any United States business from cooperating with officials of Internet-restricting countries in effecting the political censorship of online content.

Sec. 102 Sense of Congress

It is the sense of the Congress that—
(1)
the President should, through bilateral, and where appropriate, multilateral activities, seek to obtain the agreement of other countries to promote the goals and objectives of this Act and to protect Internet freedom; and
(2)
to the extent possible in every country in which they operate, United States businesses should work to—
(A)
ensure access to the Web sites of the Voice of America, Radio Free Europe/Radio Liberty, Radio Free Asia, Al-Hurra, Radio Sawa, Radio Farda, Radio Marti, TV Marti, or other United States-supported Web sites and online access to United States Government reports such as the annual Country Reports on Human Rights Practices, the annual Reports on International Religious Freedom, and the annual Trafficking in Human Persons Reports; and
(B)
promote the security of Internet users and expand their access to information and communication channels by limiting censorship of protected political and religious speech and information.

Sec. 103 Annual Country Reports on Human Rights Practices

(a)
Report relating to economic assistance— Section 116 of the Foreign Assistance Act of 1961 (22 U.S.C. 2151n) is amended by adding at the end the following new subsection:

“(g)

“(1) The report required by subsection (d) shall include an assessment of freedom of expression with respect to electronic information in each foreign country. Such assessment shall consist of the following:

“(A) An assessment of the general extent to which Internet access is available to and used by citizens in that country.

“(B) An assessment of the extent to which government authorities in that country attempt to filter, censor, or otherwise block or remove nonviolent expression of political or religious opinion or belief via the Internet, including electronic mail, as well as a description of the means by which such authorities attempt to block or remove protected speech.

“(C) An assessment of the extent to which government authorities in that country have persecuted, prosecuted, or otherwise punished an individual or group for the nonviolent expression of political, religious, or ideological opinion or belief via the Internet, including electronic mail.

“(D) An assessment of the extent to which government authorities in that country have sought to collect, request, obtain, or disclose the personally identifiable information of a person in connection with that person’s nonviolent expression of political, religious, or ideological opinion or belief, including without limitation communication that would be protected by the International Covenant on Civil and Political Rights.

“(E) An assessment of the extent to which wire communications and electronic communications are illicitly monitored in that country.

“(2) In compiling data and making assessments for the purposes of paragraph (1), United States diplomatic mission personnel shall consult with human rights organizations, technology and Internet companies, and other appropriate nongovernmental organizations.

“(3) In this subsection—

“(A) the term “electronic communication” has the meaning given the term in section 2510 of title 18, United States Code;

“(B) the term Internet has the meaning given the term in section 231(e)(3) of the Communications Act of 1934 (47 U.S.C. 231(e)(3));

“(C) the term personally identifiable information means data in a form that identifies a particular person; and

“(D) the term “wire communication” has the meaning given the term in section 2510 of title 18, United States Code.”

(b)
Report relating to security assistance— Section 502B of the Foreign Assistance Act of 1961 (22 15 U.S.C. 2304) is amended by adding at the end the following new subsection:

“(j)

“(1) The report required by subsection (b) shall include an assessment of freedom of expression with respect to electronic information in each foreign country. Such assessment shall consist of the following:

“(A) An assessment of the general extent to which Internet access is available to and used by citizens in that country.

“(B) An assessment of the extent to which government authorities in that country attempt to filter, censor, or otherwise block or remove nonviolent expression of political or religious opinion or belief via the Internet, including electronic mail, as well as a description of the means by which such authorities attempt to block or remove protected speech.

“(C) An assessment of the extent to which government authorities in that country have persecuted, prosecuted, or otherwise punished an individual or group for the peaceful expression of political, religious, or ideological opinion or belief via the Internet, including electronic mail.

“(D) An assessment of the extent to which government authorities in that country have sought to collect, request, obtain, or disclose the personally identifiable information of a person in connection with that person’s communication of ideas, facts, or views where such communication would be protected by the International Covenant on Civil and Political Rights.

“(E) An assessment of the extent to which wire communications and electronic communications are illicitly monitored in that country.

“(2) In compiling data and making assessments for the purposes of paragraph (1), United States diplomatic mission personnel shall consult with human rights organizations, technology and Internet companies, and other appropriate nongovernmental organizations.

“(3) In this subsection—

“(A) the term “electronic communication” has the meaning given the term in section 2510 of title 18, United States Code;

“(B) the term Internet has the meaning given the term in section 231(e)(3) of the Communications Act of 1934 (47 U.S.C. 231(e)(3));

“(C) the term personally identifiable information means data in a form that identifies a particular person; and

“(D) the term “wire communication” has the meaning given the term in section 2510 of title 18, United States Code.”

Sec. 104 Annual designation of Internet-restricting countries; report

(a)
Designation—
(1)
In general— Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Secretary of State shall designate Internet-restricting countries for purposes of this Act.
(2)
Standard— A foreign country shall be designated as an Internet-restricting country if the Secretary of State, after consultation with the Secretary of Commerce, determines, based on the review of the evidence that the government of the country is directly or indirectly responsible for a systematic pattern of substantial restrictions on Internet freedom during any part of the preceding 1-year period.
(b)
Report—
(1)
In general— Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Secretary of State shall transmit to the appropriate congressional committees a report that contains the following:
(A)
The name of each foreign country that at the time of the transmission of the report is designated as an Internet-restricting country under subsection (a).
(B)
An identification of each government agency and quasi-government organization responsible for the substantial restrictions on Internet freedom in each foreign country designated as an Internet-restricting country under subsection (a).
(C)
A description of efforts by the United States to counter the substantial restrictions on Internet freedom referred to in subparagraph (B), including a description and details of programs funded under any other provision of law with the purpose of promoting Internet freedom.
(D)
A description of the evidence used by the Secretary of State to make the determinations under subsection (a)(2).
(2)
Form— The information required by paragraph (1)(C) may be provided in a classified form if necessary.
(3)
Public availability— All unclassified portions of the report shall be made publicly available on the Internet Web site of the Department of State.

Sec. 105 Report on trade-related issues or disputes due to government censorship or disruption of the Internet

(a)
Report— Not later than 90 days after the date of the enactment of this Act, the United States Trade Representative, in consultation with the Secretary of State and the Secretary of Commerce, shall transmit to the appropriate congressional committees a report on—
(1)
any trade-related issues or disputes that arise due to government censorship or disruption of the Internet among United States trade partners; and
(2)
efforts by the United States Government to address the issues or disputes described in paragraph (1) either bilaterally or multilaterally.
(b)
Sense of Congress— It is the sense of Congress that the United States should pursue trade policies that expand the information economy by—
(1)
ensuring the free flow of information across the entire global network;
(2)
promoting stronger international transparency rules; and
(3)
ensuring fair and equal treatment of online services regardless of country of origin.