|
Bill Name |
Summary /
Impact on Marketers |
DMA Position |
Status |
|
Internet-Access Tax
H.R. 3678 |
Extends the moratorium on Internet access tax for an additional seven years to November 1, 2014. |
DMA strongly supported a permanent ban on Internet access taxes, but supported a seven-year extension of the previous moratorium before its November 2007 expiration.
|
H.R. 3678 has become law.
|
|
Internet Sales Tax
S. 34
S. 1726
H.R. 3396 |
Require the collection of sales tax for all remote purchases (e.g., online and mail-order catalog). Would force businesses to collect and remit sales taxes for each of the 7,600 tax jurisdictions around the US, regardless of the business’ location.
|
DMA strongly opposes such proposals, as they create an unworkable burden and barrier to growth for most businesses, a loss of competition, and possibly increased prices for consumers. |
Senate bills referred to Finance Committtee.
H.R. 3396 referred to Judiciary Committee. |
|
Security Breach Notification
S. 495
S. 1178
S. 1260
H.R. 516
H.R. 958
H.R. 1685
|
Require the notification of customers when personal data have been compromised, putting the consumer at risk for ID theft or fraud.
Some bills also impose mandatory security standards or provisions for consumer access to and correction of personal records. |
DMA supports security breach notification legislation in general. DMA is working with lawmakers to ensure bills focus only on data that could put consumers at risk for ID theft, and not on more general marketing information.
DMA opposes language providing consumer access and correction.
|
S. 495 approved by Judiciary Committee on May 3, 2007.
S. 1178 approved by Commerce Committee on April 25, 2007.
All other bills remain in various committees. |
|
Social Security
Number Protection
S. 238
S. 1208
S. 1691
H.R. 948
H.R. 2455
H.R. 3046
H.R. 3271 |
Provisions in these bills would, to varying degrees, place strict limitations on how Social Security numbers (SSNs) can be used by both government agencies and the private sector.
Some language would prohibit the display, sale, or purchase of SSNs without the affirmatively expressed consent of the individual.
Others prohibit a commercial entity from requiring an individual to provide a SSN when purchasing a commercial good or service.
|
DMA seeks to protect marketers’ ability to use SSNs for identity verification purposes.
Specifically, any legislation passed by Congress should preserve business-to-business uses such as those permitted under the Gramm-Leach-Bliley Act and implementing rules. |
H.R. 948 approved by Energy & Commerce Committee on May 10, 2007.
H.R. 3046 approved by the Ways and Means Committee on July 18, 2007.
All other bills remain in various committees. |
|
Spyware
S. 1625
H.R. 964
H.R. 1525
|
Prohibits and sets criminal penalties for the use of software that accesses personal data without the consumer’s permission or inhibits the performance of individual computers. |
DMA supports increased penalties for the use of spyware and malware, but will work to make sure that language in sypware bills does not have unintended negative consequences for legitimate marketers.
|
H.R. 1525 passed the House on May 22, 2007.
H.R. 964 passed the House on June 6, 2007.
S. 1625 referred to the Commerce Committee. |
|
Telemarketing
S. 781
H.R. 3541 |
S. 781 extends the FTC’s authority to collect Do Not Call Registry fees, but caps the maximum annual fee.
H.R. 3541 eliminates the automatic removal of telephone numbers registered on the National Do Not Call Registry after five years, and mandates an FTC study on accuracy of registry data.
|
DMA supported S. 781.
DMA supported the concept of honoring consumer choices with the inclusion of mandating the FTC to study the accuracy of the National Do Not Call Registry. |
S. 781 signed into law February 15, 2008.
H.R. 3541 signed into law February 15, 2008. |
