Chairman Rockefeller Introduces Do-Not-Track Online Act

Senate Commerce Committee Chairman Jay Rockefeller (D-WV) introduced the Do-Not-Track Online Act of 2011, a bill to give consumers the ability to opt out of having their online activities tracked by Internet companies.

The bill establishes the framework for a “Do-Not-Track” legal obligation that allows individuals to indicate their preference to not have their online activities – including online mobile activities – tracked and, with limited exceptions, prohibits online providers from collecting personal information from individuals who indicate such a preference. The bill would also establishes a dual enforcement regime, whereby both the FTC and state attorneys general enforce the provisions of the Act. The bill calls on the FTC to review the implementation of the Act, assess the effectiveness of its regulations, assess the effect of the regulations on online commerce, and submit a report to Congress on the results of the review no later than two years after the effective date of the regulations promulgated pursuant to this Act.

Privacy groups seem impressed with the bill, pointing out that the FTC has a good deal of flexibility in tailoring a persistent opt-out mechanism. "This legislation would give Americans the right and the right tools to browse the Internet without their every click being tracked," Consumer Protection director Susan Grant said. Chris Calabrese from the ACLU agreed, describing the bill as "a crucial civil liberties protection for the twenty-first century." Privacy Rights Clearinghouse founder Beth Givens said she was "very pleased" that Rockefeller introduced the bill, describing it as an "important step in the right direction."