Section 1 Short title
This Act may be cited as the “Public Servant Protection Act of 2022”.
Public Servant Protection Act of 2022
A BILL
To regulate the posting of personal information of government officials on the internet, and for other purposes.
Sec. 2 Privacy of personal information of government officials
Definitions— In this section:
Government official— The term government official means—
any officer or employee described in section 1114 of title 18 United States Code; and
any officer or employee of a State, a political subdivision of a State, or a Tribal government.
Immediate family member— The term immediate family member has the meaning given the term in section 115 of title 18, United States Code.
Interactive computer service— The term interactive computer service has the meaning given the term in section 230 of the Communications Act of 1934 (47 U.S.C. 230).
Personal information— The term personal information means—
a home address; or
a home phone number.
State— The term State means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any possession of the United States.
Tribal government— The term Tribal government has the meaning given the term Indian tribal government in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122).
Written demand to persons—
In general— A government official may directly, or through an agent designated by the government official, make a written demand to a person to refrain from publicly displaying on the internet the personal information of the government official or an immediate family member of the government official.
Effect of written demand— If a government official makes a written demand to a person under paragraph (1), the person—
shall, not later than 48 hours after the receipt of the written demand, remove any personal information of the government official or an immediate family member of the government official displayed on the internet by the person; and
during the 4-year period following the date of the receipt of the written demand, may not publicly display on the internet the personal information of the government official or an immediate family member of the government official.
Written demand to interactive computer service providers—
In general— A government official may directly, or through an agent designated by the government official, make a written demand to the provider of an interactive computer service to remove the personal information of the government official or an immediate family member of the government official that is publicly displayed on the interactive computer service.
Effect of written demand— If a government official makes a written demand to the provider of an interactive computer service under paragraph (1), the provider shall, not later than 48 hours after the receipt of the written demand, remove from the interactive computer service any personal information of the government official or an immediate family member of the government official that is publicly displayed on the interactive computer service.
Cause of action—
In general— A government official who is aggrieved by a violation of subsection (b)(2) or (c)(2) may bring a civil action against the person or the provider of an interactive computer service, respectively, that violated that subsection in an appropriate district court of the United States.
Relief— In an action under paragraph (1), the court may award—
injunctive relief;
if injury or damage results from the violation of paragraph subsection (b)(2) or (c)(2), the greater of—
actual damages; or
$1,000; and
reasonable costs and attorney's fees.