[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4575 Introduced in Senate (IS)]
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116th CONGRESS
2d Session
S. 4575
To ensure that the United States Government advocates for a free
internet.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 15, 2020
Mr. Gardner introduced the following bill; which was read twice and
referred to the Committee on Foreign Relations
_______________________________________________________________________
A BILL
To ensure that the United States Government advocates for a free
internet.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Free the Internet around the Globe
to Hack Tyranny and Censorship Act'' or the ``FIGHT Censorship Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Assistant secretary.--The term ``Assistant Secretary''
means the Assistant Secretary of Commerce for Communications
and Information.
(2) United states internet freedom policy.--The term
``United States internet freedom policy'' means the policy
under section 3(b).
SEC. 3. STATEMENT OF UNITED STATES POLICY ON COMMITMENT TO INTERNET
FREEDOM.
(a) Findings.--Congress finds that--
(1) the internet has revolutionized communications and is
one of the most transformative technological developments of
the 20th century;
(2) the internet is a powerful tool that facilitates the
exercise of human rights and fundamental freedoms, including
freedoms of expression, association, peaceful assembly, and
religion or belief;
(3) the internet has vastly improved economic freedom for
connected individuals around the world and driven a global
increase in trade, commercial activity, and innovation;
(4) the internet is intended to be universal, and a
segmented or fractured internet puts protection of human rights
and fundamental freedoms at risk;
(5) national governments that pursue aggressive data
localization efforts or attempts to reduce the free flow of
information across borders erode economic opportunity and
freedom for their own citizens;
(6) national governments that own, sponsor, or largely
control social media platforms, telecommunications providers,
or other technological mediums and use them to further human
rights abuses violate the rights and freedoms described in this
subsection; and
(7) national governments that engage in internet shutdowns,
arrests for nonviolent expression online, politically motivated
content moderation, and online political surveillance violate
human rights, including the rights to privacy and safety, as
well as the fundamental freedoms of their own citizens.
(b) Policy.--It is the policy of the United States--
(1) that the internet should remain open, interoperable,
reliable, and secure, and grounded in a transparent, consensus-
driven, multi-stakeholder model;
(2) to uphold human rights and fundamental freedoms
described in subsection (a) domestically and promote their
continued adoption, protection, and expansion throughout the
world;
(3) to engage international partners and national
governments who pledge to uphold the human rights and
fundamental freedoms described in subsection (a), and build a
coalition of like-minded countries to support those rights and
freedoms in all internet-related activities;
(4) that the United States is committed to a single
internet where everyone in the world has access to the free
exchange of information and ideas; and
(5) that the United States, its global partners, and United
States companies should ensure that all national governments
adhere to the human rights and fundamental freedoms described
in subsection (a) in questions of internet policy and work to
counter national governments hostile to those rights and
freedoms.
SEC. 4. NTIA RESPONSIBILITIES.
The Assistant Secretary shall--
(1) adhere to the United States internet freedom policy;
(2) communicate the United States internet freedom policy
to appropriate stakeholders during meetings of international
organizations at which the Assistant Secretary represents the
United States in discussions on internet policy; and
(3) work to advance the United States internet freedom
policy in global fora.
SEC. 5. INTERNET FREEDOM TASK FORCE.
(a) Establishment.--The Secretary of Commerce shall establish an
Internet Freedom Task Force composed of--
(1) the National Telecommunications and Information
Administration;
(2) the United States Patent and Trademark Office;
(3) the National Institute of Standards and Technology; and
(4) the International Trade Administration.
(b) Coordinator.--The Assistant Secretary shall coordinate the
activities of the Internet Freedom Task Force.
(c) Duties.--
(1) Annual report.--Not later than 180 days after the date
of enactment of this Act, and each year thereafter for 4
additional years, the Internet Freedom Task Force shall submit
to Congress a report on the state of global internet freedom.
(2) Consultation.--The Assistant Secretary, as coordinator
of the Internet Freedom Task Force, shall engage in ongoing
consultation with the Director of the United States Patent and
Trademark Office, the Director of the National Institute of
Standards and Technology, and the Under Secretary of Commerce
for International Trade on matters related to privacy policy,
copyright, global free flow of information, cybersecurity, and
innovation in the internet economy, to ensure that the agency
headed by each such official is advancing policies that reflect
the United States internet freedom policy.
SEC. 6. ANNUAL DESIGNATIONS OF COUNTRIES THAT FAIL TO PROVIDE
SUFFICIENT INTERNET FREEDOM.
The Secretary of State, in consultation with the Secretary of
Commerce, shall annually designate countries that the Secretary of
State determines do not provide sufficient internet freedom to their
residents, including--
(1) countries with unfavorable domestic laws that--
(A) restrict the free flow of information; or
(B) deliberately target domestic minority groups;
and
(2) countries advocating for policies at international fora
that conflict with the United States internet freedom policy.
SEC. 7. INTERNET FREEDOM GRANT PROGRAM.
(a) Grants Authorized.--The Secretary of State, working through the
Assistant Secretary for the Bureau of Democracy, Human Rights, and
Labor, and in coordination with other bureaus in the Department of
State, shall administer a grant program to promote internet freedom
policies worldwide that conform with the United States internet freedom
policy.
(b) Eligible Grantees; Grant Period.--Grants authorized under
subsection (a) may be awarded to nonprofit and international
organizations for a period not to exceed 5 years.
(c) Purpose.--The purpose of the grants authorized under subsection
(a) shall be--
(1) to promote anti-censorship technology, including
censorship-defeating peer-to-peer communication technology; and
(2) to promote secure communications technology
development, including research on current and future global
cybersecurity policy.
(d) Use of Grant Funds.--Grant funds received by grant recipients
under this section shall be used--
(1) to create open-source and free platforms to achieve the
purposes described in subsection (c); and
(2) for projects operating in countries designated by the
Secretary of State pursuant to section 6.
(e) Risk Assessments.--The Assistant Secretary for the Bureau of
Democracy, Human Rights, and Labor shall conduct periodic risk
assessments to protect the identity of grant recipients under this
section.
(f) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $25,000,000, which shall remain
available until expended.
SEC. 8. STOP THE CCP INITIATIVE FUND.
(a) Establishment.--There is established in the Treasury of the
United States a trust fund, which shall be known as the ``Stop the CCP
Initiative Fund'' (referred to in this section as the ``Fund'') and
shall be administered by the Secretary of State, in consultation with
the Secretary of Commerce.
(b) Funding.--There is hereby appropriated $20,000,000 into the
Fund.
(c) Purposes.--The purposes of the Fund shall be to support the
development of technologies, including counter censorship technology
and secure communications technology development--
(1) to counter and circumvent internet censorship within
the People's Republic of China; and
(2) to promote human rights and fundamental freedoms on the
internet in a manner that is consistent with the United States
internet freedom policy.
(d) Annual Reports.--The Secretary of State shall submit an annual
report to Congress regarding the activities supported by the Fund
during the 5-year period beginning on the date of the enactment of this
Act.
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