HB 230: "An Act relating to the collection of customer information by telecommunications and Internet service providers; and establishing an unfair trade practice under the Alaska Unfair Trade Practices and Consumer Protection Act."
00 HOUSE BILL NO. 230 01 "An Act relating to the collection of customer information by telecommunications and 02 Internet service providers; and establishing an unfair trade practice under the Alaska 03 Unfair Trade Practices and Consumer Protection Act." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 06 to read: 07 LEGISLATIVE FINDINGS. The legislature finds that the collection of a customer's 08 personal information by a telecommunications service or Internet service provider without the 09 customer's consent 10 (1) vitally affects the public interest; 11 (2) is not a reasonable method of developing or preserving a business; and 12 (3) is an unfair and deceptive trade practice. 13 * Sec. 2. AS 45.48 is amended by adding a new section to read: 14 Article 6A. Information Disclosure.
01 Sec. 45.48.800. Approval required for information disclosure. (a) If a 02 telecommunications service or Internet service provider has entered into a franchise 03 agreement, right-of-way agreement, or other agreement with the state or a 04 municipality, or uses facilities that are subject to those agreements, even if the 05 provider is not a party to the agreements, the provider may not collect personal 06 information from a customer resulting from the customer's use of the 07 telecommunications service or Internet service without the express written approval of 08 the customer. 09 (b) A telecommunications service provider or Internet service provider may 10 not refuse to provide services to a customer solely because the customer has not 11 approved the collection of the customer's personal information by the provider. 12 (c) In this section, "telecommunications service" means communication by 13 cable, telegraph, telephone, or broadcast. 14 * Sec. 3. AS 45.50.471(b) is amended by adding a new paragraph to read: 15 (58) violating AS 45.48.800 (telecommunications and Internet 16 information collection). 17 * Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section to 18 read: 19 APPLICABILITY. AS 45.48.800, enacted by sec. 2 of this Act, and 20 AS 45.50.471(b)(58), enacted by sec. 3 of this Act, apply to a contract between a 21 telecommunications service provider or Internet service provider and a customer for 22 telecommunications service or Internet service if the contract is entered into on or after the 23 effective date of this Act. In this section, "telecommunications service" has the meaning given 24 in AS 44.48.800(c).