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S. 2103

Personal Privacy Protection Act

Personal Privacy Protection Act - Amends the Federal criminal code to prohibit and set penalties for harassing any person within the United States or the U.S. special maritime and territorial jurisdiction.

Defines "harass" to mean persistently physically following or chasing a person in a manner that causes such person to have a reasonable fear of bodily injury, in order to capture by a visual or auditory recording instrument any type of visual image, sound recording, or other physical impression of the person for commercial purposes.

Prohibits: (1) trespassing on private property in order to capture any type of visual image, sound recording, or other physical impression of any person for commercial purposes; and (2) capturing any such image, recording, or impression of a personal or familial activity through the use of a visual or auditory enhancement device, even if no physical trespass has occurred, if the subject has a reasonable expectation of privacy with respect to the activity captured and if the image, recording, or impression could not have been captured without a trespass if not produced by the use of the enhancement device.

Authorizes any person who is legally present in the United States and who is subjected to a violation of this Act to bring a civil action to obtain compensatory and punitive damages and injunctive and declaratory relief. Directs the court to allow the prevailing party reasonable attorney's fees, including expert fees.

Specifies that: (1) it shall not be a defense to a prosecution or civil action that no image or recording was captured or sold; and (2) only a person physically present at the time of, and engaging or assisting another in engaging in, a violation is subject to criminal charge or civil liability under this Act.

Makes this Act's prohibitions inapplicable to official law enforcement activities.

Read twice and referred to the Committee on Judiciary.

Sen. Feinstein, Dianne [D-CA](D-CA)Sponsor
2 cosponsors1 D1 R
2cosponsors1committees3actions22subjects
  1. IntroReferral

    Read twice and referred to the Committee on Judiciary.

    Judiciary Committee
  2. IntroReferralB00100

    Sponsor introductory remarks on measure. (CR S5232-5233, S5235-5237)

  3. IntroReferral10000

    Introduced in Senate