Page:United States Statutes at Large Volume 118.djvu/3456

 118 STAT. 3426 PUBLIC LAW 108–447—DEC. 8, 2004 and at least once a year thereafter, a satellite carrier shall provide notice in the form of a separate, written statement to such subscriber which clearly and conspicuously informs the subscriber of— ‘‘(A) the nature of personally identifiable information collected or to be collected with respect to the subscriber and the nature of the use of such information; ‘‘(B) the nature, frequency, and purpose of any disclo sure which may be made of such information, including an identification of the types of persons to whom the disclo sure may be made; ‘‘(C) the period during which such information will be maintained by the satellite carrier; ‘‘(D) the times and place at which the subscriber may have access to such information in accordance with para graph (5); and ‘‘(E) the limitations provided by this section with respect to the collection and disclosure of information by a satellite carrier and the right of the subscriber under paragraphs (7) and (9) to enforce such limitations. In the case of subscribers who have entered into such an agreement before the effective date of this subsection, such notice shall be provided within 180 days of such date and at least once a year thereafter. ‘‘(2) DEFINITIONS.—For purposes of this subsection, other than paragraph (9)— ‘‘(A) the term ‘personally identifiable information’ does not include any record of aggregate data which does not identify particular persons; ‘‘(B) the term ‘other service’ includes any wire or radio communications service provided using any of the facilities of a satellite carrier that are used in the provision of satellite service; and ‘‘(C) the term ‘satellite carrier’ includes, in addition to persons within the definition of satellite carrier, any person who— ‘‘(i) is owned or controlled by, or under common ownership or control with, a satellite carrier; and ‘‘(ii) provides any wire or radio communications service. ‘‘(3) PROHIBITIONS.— ‘‘(A) CONSENT TO COLLECTION.—Except as provided in subparagraph (B), a satellite carrier shall not use any facilities used by the satellite carrier to collect personally identifiable information concerning any subscriber without the prior written or electronic consent of the subscriber concerned. ‘‘(B) EXCEPTIONS.—A satellite carrier may use such facilities to collect such information in order to— ‘‘(i) obtain information necessary to render a sat ellite service or other service provided by the satellite carrier to the subscriber; or ‘‘(ii) detect unauthorized reception of satellite communications. ‘‘(4) DISCLOSURE.— ‘‘(A) CONSENT TO DISCLOSURE.—Except as provided in subparagraph (B), a satellite carrier shall not disclose Deadline.

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