Balancing the Rights Of Web Surfers Equally and Responsibly Act of 2017 or the BROWSER Act of 2017

This bill authorizes the Federal Trade Commission to enforce information privacy protections that require broadband Internet access services and certain websites or mobile applications providing subscription, account, purchase, or search engine services to allow users to opt-in or opt-out of the use, disclosure, or access to their user information depending on the sensitivity of the information.

Opt-in approval through the user's express consent must be obtained for the use of sensitive information that is:

• financial information,
• health information,
• about children under 13,
• Social Security numbers,
• precise geo-location information,
• content of communications,
• web browsing history, or
• history of usage of a software program or mobile application.

Opt-out approval must be provided for the use of non-sensitive user information under a method in which users are deemed to have consented if they fail to object after being provided notice of privacy policies.

The bill allows a service provider to use information without approval for specified purposes, including for services necessary for provision of the service and to initiate, render, bill, and collect for the service.

Service providers must allow users to grant, deny, or withdraw approval at any time.

The bill prohibits providers from conditioning service on a user's agreement to waive privacy rights.