Do Not Track Act

Do Not Track Act

This bill requires the Federal Trade Commission (FTC) to implement and enforce a do not track (DNT) system to protect consumers from unwanted online data harvesting and targeted advertising.

Specifically, the bill requires the FTC to designate a DNT signal (sent by a connected device) and make publicly available a program that (1) is available for download to any common connected device; and (2) sends the DNT signal to every website, online service, or online application to which a user does not want their data sent each time the device connects to it.

The bill further requires an operator of a website, service, or application to search for the DNT signal each time a device connects to it and, if it receives such signal, makes it unlawful for the operator to collect data (other than what is necessary for operation) from a user, use any data collected for targeted advertising, or share any data with a third party without consent. An operator shall not discriminate against a user based on DNT preference. If an operator collects more data than is necessary for operation and does not detect the signal, it must provide a user with notice of the user's rights under the DNT program.

Additionally, the bill prohibits a third-party operator of a program that receives the DNT signal through the connected device of a user of a covered website, service, or application from collecting user data other than data collected to analyze how or whether the user engaged with the program.