,,ii #aacth ,,congress #ast ,session ,s4 #dah ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,february #bh1 #bjac ,mr4 ,rockefeller 7for himself and ,mr4 ,blumenthal7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to require the ,federal ,trade ,commission to prescribe regulations regarding the collection and use of personal information obtained by tracking the online activity of an individual1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,do-,not-,track ,online ,act of #bjac4 #b4 ,regulations relating to ,do-,not-,track mechanisms 7a7 ,in general ,not later than #a year after the date of the enactment of this ,act1 the ,federal ,trade ,commission shall promulgate-- 7#a7 regulations that establish standards for the implementation of a mechanism by which an individual can simply and easily indicate whether the individual prefers to have personal information collected by providers of online services1 including by providers of mobile applications and services2 and 7#b7 rules that prohibit1 except as provided in subsection 7b71 such providers from collecting personal information on individuals who have expressed1 via a mechanism that meets the standards promulgated under paragraph 7#a71 a preference not to have such information collected4 7b7 ,exception ,the rules promulgated under paragraph 7#b7 of subsection 7a7 shall allow for the collection and use of personal information on an individual described in such paragraph1 notwithstanding the expressed preference of the individual via a mechanism that meets the standards promulgated under paragraph 7#a7 of such subsection1 to the extent-- 7#a7 necessary to provide a service requested by the individual1 including with respect to such service1 basic functionality and effectiveness1 so long as such information is anonymized or deleted upon the provision of such service2 or 7#b7 the individual-- 7,a7 receives clear1 conspicuous1 and accurate notice on the collection and use of such information2 and 7,b7 affirmatively consents to such collection and use4 7c7 ,factors ,in promulgating standards and rules under subsection 7a71 the ,federal ,trade ,commission shall consider and take into account the following3 7#a7 ,the appropriate scope of such standards and rules1 including the conduct to which such rules shall apply and the persons required to comply with such rules4 7#b7 ,the technical feasibility and costs of-- 7,a7 implementing mechanisms that would meet such standards2 and 7,b7 complying with such rules4 7#c7 ,mechanisms that-- 7,a7 have been developed or used before the date of the enactment of this ,act2 and 7,b7 are for individuals to indicate simply and easily whether the individuals prefer to have personal information collected by providers of online services1 including by providers of mobile applications and services4 7#d7 ,how mechanisms that meet such standards should be publicized and offered to individuals4 7#e7 ,whether and how information can be collected and used on an anonymous basis so that the information-- 7,a7 cannot be reasonably linked or identified with a person or device1 both on its own and in combination with other information2 and 7,b7 does not qualify as personal information subject to the rules promulgated under subsection 7a77#b74 7#f7 ,the standards under which personal information may be collected and used1 subject to the anonymization or deletion requirements of subsection 7b77#a7-- 7,a7 to fulfill the basic functionality and effectiveness of an online service1 including a mobile application or service2 7,b7 to provide the content or services requested by individuals who have otherwise expressed1 via a mechanism that meets the standards promulgated under subsection 7a77#a71 a preference not to have personal information collected2 and 7,c7 for such other purposes as the ,commission determines substantially facilitates the functionality and effectiveness of the online service1 or mobile application or service1 in a manner that does not undermine an individual's preference1 expressed via such mechanism1 not to collect such information4 7d7 ,rulemaking ,the ,federal ,trade ,commission shall promulgate the standards and rules required by subsection 7a7 in accordance with section #eec of title #e1 ,united ,states ,code4 #c4 ,enforcement of do-not-track mechanisms 7a7 ,enforcement by ,federal ,trade ,commission 7#a7 ,unfair or deceptive acts or practices ,a violation of a rule promulgated under section #b7;a77#b7 shall be treated as an unfair and deceptive act or practice in violation of a regulation under section #ah7;a77#a77;,b7 of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #eg;a7a77#a77;,b77 regarding unfair or deceptive acts or practices4 7#b7 ,powers of ,commission 7,a7 ,in general ,except as provided in subparagraph 7,c71 the ,federal ,trade ,commission shall enforce this ,act in the same manner1 by the same means1 and with the same jurisdiction1 powers1 and duties as though all applicable terms and provisions of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #da et seq47 were incorporated into and made a part of this ,act4 7,b7 ,privileges and immunities ,except as provided in subparagraph 7,c71 any person who violates this ,act shall be subject to the penalties and entitled to the privileges and immunities provided in the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #da et seq474 7,c7 ,nonprofit organizations ,the ,federal ,trade ,commission shall enforce this ,act with respect to an organization that is not organized to carry on business for its own profit or that of its members as if such organization were a person over which the ,commission has authority pursuant to section #e7;a77#b7 of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #de7;a77#b774 7b7 ,enforcement by ,states 7#a7 ,in general ,in any case in which the attorney general of a ,state has reason to believe that an interest of the residents of the ,state has been or is threatened or adversely affected by the engagement of any person subject to a rule promulgated under section #b7;a77#b7 in a practice that violates the rule1 the attorney general of the ,state may1 as parens patriae1 bring a civil action on behalf of the residents of the ,state in an appropriate district court of the ,united ,states-- 7,a7 to enjoin further violation of such rule by such person2 7,b7 to compel compliance with such rule2 7,c7 to obtain damages1 restitution1 or other compensation on behalf of such residents2 7,d7 to obtain such other relief as the court considers appropriate2 or 7,e7 to obtain civil penalties in the amount determined under paragraph 7#b74 7#b7 ,civil penalties 7,a7 ,calculation ,subject to subparagraph 7,b71 for purposes of imposing a civil penalty under paragraph 7#a77;,e7 with respect to a person that violates a rule promulgated under section #b7;a77#b71 the amount determined under this paragraph is the amount calculated by multiplying the number of days that the person is not in compliance with the rule by an amount not greater than #af1jjj4 7,b7 ,maximum total liability ,the total amount of civil penalties that may be imposed with respect to a person that violates a rule promulgated under section #b7;a77#b7 shall not exceed #ae1jjj1jjj for all civil actions brought against such person under paragraph 7#a7 for such violation4 7,c7 ,adjustment for inflation ,beginning on the date on which the ,bureau of ,labor ,statistics first publishes the ,consumer ,price ,index after the date that is #a year after the date of the enactment of this ,act1 and annually thereafter1 the amounts specified in subparagraphs 7,a7 and 7,b7 shall be increased by the percentage increase in the ,consumer ,price ,index published on that date from the ,consumer ,price ,index published the previous year4 7#c7 ,rights of ,federal ,trade ,commission 7,a7 ,notice to ,federal ,trade ,commission 7i7 ,in general ,except as provided in clause 7iii71 the attorney general of a ,state shall notify the ,federal ,trade ,commission in writing that the attorney general intends to bring a civil action under paragraph 7#a7 before initiating the civil action4 7ii7 ,contents ,the notification required by clause 7i7 with respect to a civil action shall include a copy of the complaint to be filed to initiate the civil action4 7iii7 ,exception ,if it is not feasible for the attorney general of a ,state to provide the notification required by clause 7i7 before initiating a civil action under paragraph 7#a71 the attorney general shall notify the ,federal ,trade ,commission immediately upon instituting the civil action4 7,b7 ,intervention by ,federal ,trade ,commission ,the ,federal ,trade ,commission may-- 7i7 intervene in any civil action brought by the attorney general of a ,state under paragraph 7#a72 and 7ii7 upon intervening-- 7,i7 be heard on all matters arising in the civil action2 and 7,,ii7 file petitions for appeal of a decision in the civil action4 7#d7 ,investigatory powers ,nothing in this subsection may be construed to prevent the attorney general of a ,state from exercising the powers conferred on the attorney general by the laws of the ,state to conduct investigations1 to administer oaths or affirmations1 or to compel the attendance of witnesses or the production of documentary or other evidence4 7#e7 ,preemptive action by ,federal ,trade ,commission ,if the ,federal ,trade ,commission institutes a civil action or an administrative action with respect to a violation of a rule promulgated under section #b7;a77#b71 the attorney general of a ,state may not1 during the pendency of such action1 bring a civil action under paragraph 7#a7 against any defendant named in the complaint of the ,commission for the violation with respect to which the ,commission instituted such action4 7#f7 ,venue2 service of process 7,a7 ,venue ,any action brought under paragraph 7#a7 may be brought in-- 7i7 the district court of the ,united ,states that meets applicable requirements relating to venue under section #acia of title #bh1 ,united ,states ,code2 or 7ii7 another court of competent jurisdiction4 7,b7 ,service of process ,in an action brought under paragraph 7#a71 process may be served in any district in which the defendant-- 7i7 is an inhabitant2 or 7ii7 may be found4 7#g7 ,actions by other ,state officials 7,a7 ,in general ,in addition to civil actions brought by attorneys general under paragraph 7#a71 any other officer of a ,state who is authorized by the ,state to do so may bring a civil action under paragraph 7#a71 subject to the same requirements and limitations that apply under this subsection to civil actions brought by attorneys general4 7,b7 ,savings provision ,nothing in this subsection may be construed to prohibit an authorized official of a ,state from initiating or continuing any proceeding in a court of the ,state for a violation of any civil or criminal law of the ,state4 #d4 ,biennial review and assessment ,not later than #b years after the effective date of the regulations initially promulgated under section #b1 the ,federal ,trade ,commission shall-- 7#a7 review the implementation of this ,act2 7#b7 assess the effectiveness of such regulations1 including how such regulations define or interpret the term personal information as such term is used in section #b2 7#c7 assess the effect of such regulations on online commerce2 and 7#d7 submit to ,congress a report on the results of the review and assessments required by this section4