1. Short title This Act may be cited as the Balancing the Rights Of Web Surfers Equally and Responsibly Act of 2017 or the BROWSER Act of 2017 . 2. Notice of privacy policies (a) In general A provider of a covered service shall provide the users of the service with notice of the privacy policies of the provider with respect to the service. Such notice shall be clear and conspicuous. (b) Availability to prospective users The notice required by subsection (a) shall be made available to prospective users— (1) at the point of sale of, subscription to, or establishment of an account for the covered service, prior to such sale, subscription, or establishment, whether such point of sale, subscription, or establishment is in person, online, over the telephone, or through another means; or (2) if there is no such sale, subscription, or establishment, before the user uses the service. (c) Persistent availability The notice required by subsection (a) shall be made persistently available. (d) Material changes A provider of a covered service shall provide users with advance notice of any material change to the privacy policies of the provider. The notice required by this subsection shall be clear and conspicuous. 3. User opt-in or opt-out approval rights based on sensitivity of information (a) Opt-In approval required for sensitive user information Except as provided in subsection (c), a provider of a covered service shall obtain opt-in approval from a user to use, disclose, or permit access to the sensitive user information of the user. (b) Opt-Out approval required for non-Sensitive user information Except as provided in subsection (c)— (1) a provider of a covered service shall obtain opt-out approval from a user to use, disclose, or permit access to any of the non-sensitive user information of the user