,,ii  #aafth ,,congress  #ast ,session  
,s4 #aegh  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,may #ba1      
#bjai,mr4 ,hawley introduced the        
following bill2 which was read twice and
 referred to the ,committee on          
,commerce1 ,science1 and ,transportation
  ,a ,,bill  ,to protect the privacy of 
internet users through the establishment
 of a national ,do ,not ,track system1  
and for other purposes4  #a4 ,short     
title ,this ,act may be cited as the ,do
 ,not ,track ,act4  #b4 ,definitions ,in
 this ,act3 7#a7 ,commission ,the term  
,commission means the ,federal ,trade   
,commission4  7#b7 ,connected device    
,the term connected device means a      
device that is capable of connecting to 
the internet1 directly or indirectly4   
7#c7 ,covered website1 service1 or      
application ,the term covered website1  
service1 or application means a website 
on the internet1 an online service1 an  
online application1 or a mobile         
application that-- 7,a7 is operated or  

provided for commercial purposes1 in    
interstate or foreign commerce2 and     
7,b7 is not operated by a nonprofit     
entity that would otherwise be exempt   
from coverage under section #e of the   
,federal ,trade ,commission ,act 7#ae   
,u4,s4,c4 #de74  7#d7 ,,dnt signal ,the 
term ,,dnt signal means a signal sent by
 a connected device1 such as the        
hypertext transfer protocol developed by
 the ,world ,wide ,web ,consortium      
,working ,group on ,tracking ,preference
 ,expression1 that is designated by the 
,commission for purposes of the ,do ,not
 ,track program required under section  
#c7;b74  7#e7 ,first-party operator ,the
 term first-party operator means an     
operator of a website on the internet1  
an online service1 an online            
application1 or a mobile application    
with which a user intends to connect1   
but does not include an operator of an  
advertisement that appears on such a    
website1 service1 or application or a   
program used to log in to such a        

website1 service1 or application 7if the
 operator of such advertisement or      
program is different from the operator  
of the website1 service1 or             
application74  7#f7 ,targeted           
advertising  7,a7 ,in general ,the term 
targeted advertising means a form of    
advertising where advertisements are    
displayed to a user based on the user's 
traits1 information from a profile about
 the user that is created for the       
purpose of selling advertisements1 or   
the user's previous online or offline   
behavior4  7,b7 ,limitation ,such term  
shall not include contextual            
advertising1 including-- 7i7 advertising
 that is directed to a user based on the
 content of the website1 online service1
 online application1 or mobile          
application that the user is connected  
to2 or  7ii7 advertising that is        
directed to a user by the operator of a 
website1 online service1 online         
application1 or mobile application based
 on the search terms that the user used 

to arrive at such website1 service1 or  
application4  7#g7 ,third-party operator
 ,the term third-party operator means   
any operator of a program that appears  
on a website1 service1 or application   
with respect to which the operator is   
not a first-party operator4  #c4        
,establishment of ,do ,not ,track system
  7a7 ,in general ,not later than #f    
months after the date of enactment of   
this ,act1 the ,commission shall        
implement and enforce a ,do ,not ,track 
system1 including the program described 
in subsection 7b71 to protect consumers 
from unwanted online data harvesting and
 targeted advertising4  7b7 ,do ,not    
,track program ,as part of the ,do ,not 
,track system required under this       
section1 the ,commission shall designate
 the ,,dnt signal and make available on 
the public website of the ,commission a 
simple program that-- 7#a7 can be       
downloaded to any common connected      
device2  7#b7 sends the ,,dnt signal to 
every website1 online service1 or online

 application to which the device        
connects each time the device connects  
to such website1 service1 or            
application2 and  7#c7 permits the user 
of the connected device to designate    
websites1 services1 or applications to  
which such signal should not be sent1   
but does not exempt any website1        
service1 or application from receiving  
such signal if it is not so designated4 
7c7 ,other do not track systems ,nothing
 in this ,act shall be construed as     
prohibiting the operator of any web     
browser or similar interface or a device
 designer or manufacturer from offering 
a program that sends the ,,dnt signal to
 websites1 services1 or applications1   
provided that such program permits users
 to designate websites1 services1 or    
applications to which such signal should
 not be sent4  7d7 ,rulemaking authority
 ,the ,commission may promulgate        
regulations1 in accordance with section 
#eec of title #e1 ,united ,states ,code1
 to carry out this section4  #d4        

,requirements for operators2 prohibited 
acts  7a7 ,requirements  7#a7 ,search   
for ,,dnt signal ,the operator of any   
covered website1 service1 or application
 7or any program that appears in such a 
website1 application1 or service7 shall 
ensure that the website1 service1 or    
application 7or program7 searches for   
the ,,dnt signal whenever a connected   
device connects to the website1 service1
 or application4  7#b7 ,mandatory       
disclosure  7,a7 ,in general ,subject to
 subparagraph 7,b71 if the operator of a
 covered website1 service1 or           
application collects more data from a   
user of such website1 service1 or       
application than is necessary to operate
 such website1 service1 or application  
the operator shall1 through a pop-up    
notification1 provide any user whose    
connected device is not sending the     
,,dnt signal with-- 7i7 notice of the   
website1 service1 or application's      
policy of collecting data beyond what is
 necessary to operate the website1      

service1 or application2  7ii7 notice of
 the protections from data collection   
and targeted advertising available to   
users under this ,act2  7iii7 notice    
that the user may1 through the public   
website of the ,federal ,trade          
,commission1 download the ,do ,not      
,track program described in section     
#c7;b71 and a link to such website2 and 
7iv7 notice that the user may be able to
 activate the ,,dnt signal through the  
user's device or browser4  7,b7 ,number 
and timing of disclosures ,the operator 
of a covered website1 service1 or       
application shall make the disclosures  
required under subparagraph 7,a7-- 7i7  
the first time a connected device       
connects to such website1 service1 or   
application2 and  7ii7 unless the user  
of the connected device opts out of     
receiving such disclosures1 at least    
every #cjth time a connected device     
connects to such website1 service1 or   
application4  7,c7 ,collection of data  
for targeted advertising ,for purposes  

of this subsection1 a covered website1  
service1 or application that collects   
data for the purpose of designing or    
displaying targeted advertisements shall
 be considered to be collecting more    
data than is necessary to operate such  
website1 service1 or application4  7b7  
,prohibition on data collection and     
targeted advertising  7#a7 ,in general  
,subject to paragraph 7#c71 it shall be 
unlawful for a first-party operator of a
 covered website1 service1 or           
application that receives the ,,dnt     
signal from the connected device of a   
user to-- 7,a7 collect data 7other than 
such data as is necessary for the       
operation of the website1 service1 or   
application7 from the user2  7,b7 use   
any data collected from the user for a  
secondary purpose1 including for the    
purpose of targeted advertising2 or     
7,c7 share any data collected from the  
user with a third party unless the user 
expressly consents to the sharing of    
data in a manner that demonstrates the  

user's intent for the first-party       
operator to be an intermediary between  
the user and the third party4  7#b7     
,prohibition on collection of data by   
other operators  7,a7 ,in general ,it   
shall be unlawful for a third-party     
operator of a program 7including a      
program that is an advertisement or a   
portal used to log in to a website1     
service1 or application7 that receives  
the ,,dnt signal from the connected     
device of a user of a covered website1  
service1 or application to collect any  
data from such user1 other than1 subject
 to subparagraph 7,b71 data collected   
for the purpose of analyzing how or     
whether the user engaged with such      
program4  7,b7 ,limitations on          
collection of data for engagement       
analytics ,data collected for the       
purpose of analyzing user engagement    
with a program described in subparagraph
 7,a7-- 7i7 shall be collected only in a
 de-identified manner2 and  7ii7 may not
 be used to create or contribute to a   

profile of the user from which it is    
collected4  7#c7 ,exceptions  7,a7 ,law 
enforcement ,the prohibitions on data   
collection described in paragraph 7#a7  
shall not apply where data is collected 
for the purpose of assisting a law      
enforcement agency4  7,b7 ,complementary
 services ,notwithstanding paragraph    
7#a71 a first-party operator of a       
covered website1 service1 or application
 may collect additional data from a user
 beyond what is necessary for the       
operation of such website1 service1 or  
application if such additional data is  
necessary for the operation of a        
different covered website1 service1 or  
application that is-- 7i7 both owned and
 operated by such first-party operator2 
7ii7 designed to complement the covered 
website1 service1 or application        
accessed by the user2 and  7iii7 branded
 as a complementary website1 service1 or
 application to the covered website1    
service1 or application accessed by the 
user4  7c7 ,interfering with ,,dnt      

signal ,it shall be unlawful for any    
person to-- 7#a7 block or impede the    
ability of a covered website1 service1  
or application to receive the ,,dnt     
signal2 or  7#b7 block or impede the    
ability of a connected device to send   
the ,,dnt signal4  7d7 ,discrimination  
based on ,,dnt preferences ,it shall be 
unlawful for a first-party operator of a
 covered website1 service1 or           
application to-- 7#a7 deny a user access
 to1 or service from1 such website1     
service1 or application on the basis    
that the website1 service1 or           
application received the ,,dnt signal   
from the user2 or  7#b7 provide a user  
from whom such website1 service1 or     
application received the ,,dnt signal   
with a different level of access or     
service than the level of access or     
service provided to a user from whom the
 website1 service1 or application does  
not receive the ,,dnt signal4  7e7      
,effective date ,this section shall take
 effect on the date that is #f months   

after the date of enactment of this     
,act4  #e4 ,enforcement and             
applicability  7a7 ,enforcement by the  
,commission  7#a7 ,in general ,except as
 otherwise provided1 this ,act and the  
regulations prescribed under this ,act  
shall be enforced by the ,commission    
under the ,federal ,trade ,commission   
,act 7#ae ,u4,s4,c4 #da et seq474  7#b7 
,unfair or deceptive acts or practices  
,a violation of this ,act or a          
regulation prescribed under this ,act   
shall be treated as a violation of a    
rule defining an unfair or deceptive act
 or practice prescribed under section   
#ah7;a77#a77;,b7 of the ,federal ,trade 
,commission ,act 7#ae ,u4,s4,c4         
#eg;a7a77#a77;,b774  7#c7 ,actions by   
the ,commission  7,a7 ,in general       
,except as provided in subsection       
7b77#a71 the ,commission shall prevent  
any person from violating this ,act or a
 regulation prescribed under 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 ,act1 and1 except as
 provided in subparagraph 7,b71 any     
person who violates this ,act or a      
regulation prescribed under this ,act   
shall be subject to the penalties and   
entitled to the privileges and          
immunities provided in the ,federal     
,trade ,commission ,act4  7,b7          
,penalties  7i7 ,in general             
,notwithstanding section #e7m7 of the   
,federal ,trade ,commission ,act 7#ae   
,u4,s4,c4 #de7m771 a civil penalty      
recovered for a violation of this ,act  
or a regulation prescribed under this   
,act may be in excess of the amounts    
provided for in that section1 provided  
that such penalty meets the requirements
 of this subparagraph4  7ii7 ,penalty   
for negligent violation ,in the case of 
a person that negligently violates this 
,act or a regulation prescribed under   

this ,act1 such person shall be liable  
for a civil penalty that shall not      
exceed #ej for every user affected by   
such violation for every day during     
which the person is in violation of this
 ,act under this clause4  7iii7 ,penalty
 for willful or reckless violation ,in  
the case of a person that willfully or  
recklessly violates this ,act or a      
regulation prescribed under this ,act1  
such person shall be liable for a civil 
penalty that-- 7,i7 shall not be less   
than #ajj1jjj2 and  7,,ii7 shall not    
exceed #a1jjj for every user affected by
 such violation for every day during    
which the person is in violation of this
 ,act under this clause4  7b7           
,enforcement by ,state attorneys general
  7#a7 ,in general  7,a7 ,civil actions 
,in any case in which the attorney      
general of a ,state has reason to       
believe that an interest of the         
residents of that ,state has been or is 
threatened or adversely affected by the 
engagement of any person in a practice  

that violates this ,act or a regulation 
prescribed under this ,act1 the ,state1 
as parens patriae1 may bring a civil    
action on behalf of the residents of the
 ,state in a district court of the      
,united ,states or a ,state court of    
appropriate jurisdiction to-- 7i7 enjoin
 that practice2  7ii7 enforce compliance
 with this ,act or such regulation2     
7iii7 obtain damages1 statutory damage1 
restitution1 or other compensation on   
behalf of residents of the ,state2 or   
7iv7 obtain such other relief as the    
court may consider to be appropriate4   
7,b7 ,notice  7i7 ,in general ,before   
filing an action under subparagraph     
7,a71 the attorney general of the ,state
 involved shall provide to the          
,commission-- 7,i7 written notice of    
that action2 and  7,,ii7 a copy of the  
complaint for that action4  7ii7        
,exemption  7,i7 ,in general ,clause 7i7
 shall not apply with respect to the    
filing of an action by an attorney      
general of a ,state under this paragraph

 if the attorney general of the ,state  
determines that it is not feasible to   
provide the notice described in that    
clause before the filing of the action4 
7,,ii7 ,notification ,in an action      
described in subclause 7,i71 the        
attorney general of a ,state shall      
provide notice and a copy of the        
complaint to the ,commission at the same
 time as the attorney general files the 
action4  7#b7 ,intervention  7,a7 ,in   
general ,on receiving notice under      
paragraph 7#a77;,b71 the ,commission    
shall have the right to intervene in the
 action that is the subject of the      
notice4  7,b7 ,effect of intervention   
,if the ,commission intervenes in an    
action under paragraph 7#a71 it shall   
have the right-- 7i7 to be heard with   
respect to any matter that arises in    
that action2 and  7ii7 to file a        
petition for appeal4  7#c7 ,construction
 ,for purposes of bringing any civil    
action under paragraph 7#a71 nothing in 
this ,act shall be construed to prevent 

an attorney general of a ,state from    
exercising the powers conferred on the  
attorney general by the laws of that    
,state to-- 7,a7 conduct investigations2
  7,b7 administer oaths or affirmations2
 or  7,c7 compel the attendance of      
witnesses or the production of          
documentary and other evidence4  7#d7   
,actions by the ,commission ,in any case
 in which an action is instituted by or 
on behalf of the ,commission for        
violation of this ,act or a regulation  
prescribed under this ,act1 no ,state   
may1 during the pendency of that action1
 institute an action under paragraph    
7#a7 against any defendant named in the 
complaint in the action instituted by or
 on behalf of the ,commission for that  
violation4  7#e7 ,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 a ,state court  
of competent jurisdiction4  7,b7        
,service of process ,in an action       
brought under paragraph 7#a7 in a       
district court of the ,united ,states1  
process may be served wherever          
defendant-- 7i7 is an inhabitant2 or    
7ii7 may be found4  #f4 ,severability   
,if any provision of this ,act or the   
application of a provision of this ,act 
to any person or circumstance is held to
 be invalid or unconstitutional1 the    
remainder of this ,act1 or the          
application of such provision to any    
other person or circumstance1 shall not 
be affected4