Unfair or deceptive acts or practices; prohibition of certain disclosures by an Internet service provider; penalties

A. A violation of the Stored Communications Act, Section 2701 et seq., of Title 18 of the United States Code, by a provider of Internet service involving information relating to a resident of Louisiana shall constitute a deceptive and unfair trade practice.

B. As used in this Chapter, "provider of Internet service" means a facilities-based provider or other entity that provides residential consumers with the ability to access the Internet in exchange for consideration such as through a paid subscription or through an agreement to view specific ads or content in exchange for Internet access, provided, however, this term does not include an entity that provides access to the Internet using spectrum regulated by the Federal Communications Commission pursuant to 47 U.S.C. 301 et seq. Systems operated or services offered by libraries or educational institutions are excluded from this definition.

C. Any violation of this Section shall be a deceptive and unfair trade practice and shall subject the violator to any and all penalties provided for in this Chapter.

D. Nothing herein shall prohibit a provider of Internet service from disclosing information to any state or local agency where such agency's lawful request is otherwise authorized in statute, including but not limited to disclosure required pursuant to R.S. 15:545.1.

Acts 2006, No. 556, §1; Acts 2008, No. 672, §2.