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Code · BILL · 113th Congress · H.R. 1468 (Introduced in House) — To improve information security, and for other purposes. · Sec. 503

Sec. 503. Application and enforcement

336 words·~2 min read·/bill/113/hr/1468/ih/section-503·

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The requirements of sections 501 and 502 apply to— those persons, partnerships, or corporations over which the Commission has authority pursuant to section 5(a)(2) of the Federal Trade Commission Act ( 15 U.S.C. 45(a)(2) ); and notwithstanding section 5(a)(2) of the Federal Trade Commission Act ( 15 U.S.C. 45(a)(2) ), common carriers subject to the Communications Act of 1934 (47 U.S.C. 151 et seq.). Sections 222, 338, and 631 of the Communications Act of 1934 ( 47 U.S.C. 222 , 338, and 551), and any regulations promulgated thereunder, shall not apply with respect to the information security practices, including practices relating to the notification of unauthorized access to data in electronic form, of any covered entity otherwise subject to those sections.
A violation of section 501 or 502 shall be treated as an unfair or deceptive act or practice in violation of a regulation under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)) regarding unfair or deceptive acts or practices. Except as provided in subsection (a), the Commission shall enforce this title in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ) were incorporated into and made a part of this title.
Any person who violates section 502 or 503 shall be subject to the penalties and entitled to the privileges and immunities provided in such Act. Notwithstanding the number of actions which may be brought against a covered entity under this subsection, the maximum civil penalty for which any covered entity may be liable under this subsection for all actions shall not exceed— $500,000 for all violations of section 501 resulting from the same related act or omission; and $500,000 for all violations of section 502 resulting from a single breach of security.
Nothing in this title shall be construed to establish a private cause of action against a person for a violation of this title.
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Sec. 503
Application and enforcement
U.S.C.§ 45
U.S.C.§ 151
U.S.C.§ 222
U.S.C.§ 57a
U.S.C.§ 41
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