,,ii #aahth ,,congress #ast ,session ,s4 #bhcc ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,september #ah1 #bjbc,mr4 ,wyden 7for himself and ,mr4 ,booker7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to prohibit targeted advertising by advertisers and advertising facilitators1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,banning ,surveillance ,advertising ,act of #bjbc4 #b4 ,prohibition on targeted advertising 7a7 ,prohibition on targeting by advertisers and advertising facilitators 7#a7 ,in general ,an advertiser or an advertising facilitator may not-- 7,a7 target the dissemination of an advertisement2 or 7,b7 knowingly enable an advertiser 7in the case of an advertising facilitator71 advertising facilitator 7in the case of an advertiser71 or third party to target the dissemination of an advertisement1 including by providing the advertiser1 advertising facilitator1 or third party with-- 7i7 a list of individuals or connected devices2 7ii7 contact information of an individual2 7iii7 a unique identifier that may be used to identify an individual or a connected device2 or 7iv7 other personal information that can be used to identify an individual or a connected device4 7#b7 ,contextual advertisements 7,a7 ,in general ,for purposes of paragraph 7#a71 an advertising facilitator shall not be considered to target the dissemination of an advertisement1 or to knowingly enable an advertiser or third party to target the dissemination of an advertisement1 to an individual 7or a connected device associated with an individual7 if the advertisement-- 7i7 is disseminated based on information-- 7,i7 that the individual is viewing or with which the individual is otherwise engaging2 or 7,,ii7 for which the individual searched2 and 7ii7 is displayed or otherwise disseminated in close proximity to information described in clause 7i74 7,b7 ,prohibition on further use of information related to the delivery of contextual advertisements ,information collected in connection with the dissemination of an advertisement as described in subparagraph 7,a7 may not be used to target the dissemination of additional advertisements or to knowingly enable an advertiser or third party to target the dissemination of additional advertisements4 7b7 ,exception for targeting based on recognized place ,for purposes of this section1 the dissemination of an advertisement shall not be considered to be targeted to an individual1 connected device1 or group of individuals or connected devices based on a recognized place associated with the individual1 connected device1 or group of individuals or connected devices4 #c4 ,enforcement 7a7 ,federal ,trade ,commission 7#a7 ,unfair or deceptive acts or practices ,a violation of this ,act or a regulation promulgated under this ,act shall be treated as a violation of a rule defining an unfair or deceptive act or practice under section #ah7;a77#a77;,b7 of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #eg;a7a77#a77;,b774 7#b7 ,powers of the ,commission 7,a7 ,in general ,except as provided in subparagraph 7,b7 and paragraph 7#c7-- 7i7 the ,commission shall enforce this ,act and the regulations promulgated 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 ,act2 and 7ii7 any person who violates this ,act or a regulation promulgated 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 ,exclusive litigation authority ,notwithstanding section #af7;a7 of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #ef7;a771 the ,commission shall have exclusive authority to commence or defend1 and supervise the litigation of1 any action for a violation of this ,act or a regulation promulgated under this ,act1 and any appeal of such action1 in its own name by any of its attorneys designated by it for such purpose1 without first referring the matter to the ,attorney ,general4 7#c7 ,common carriers and nonprofit organizations ,notwithstanding section #d1 #e7;a77#b71 or #f of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #dd2 #de7;a77#b72 #df7 or any jurisdictional limitation of the ,commission1 the ,commission shall also enforce this ,act and the regulations promulgated under this ,act1 in the same manner provided in paragraphs 7#a7 and 7#b71 with respect to-- 7,a7 common carriers subject to the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #aea et seq47 and all ,acts amendatory thereof and supplementary thereto2 and 7,b7 organizations not organized to carry on business for their own profit or that of their members4 7#d7 ,rulemaking authority ,the ,commission may promulgate1 under section #eec of title #e1 ,united ,states ,code1 any regulations necessary to implement this ,act4 7#e7 ,savings clause ,nothing in this ,act shall be construed to limit the authority of the ,commission under any other provision of law4 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 an act or practice in violation of this ,act or a regulation promulgated under this ,act1 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 or an appropriate ,state court to obtain appropriate relief4 7#b7 ,rights of the ,commission 7,a7 ,notice to the ,commission 7i7 ,in general ,except as provided in clause 7iii71 the attorney general of a ,state shall notify the ,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 ,commission immediately upon instituting the civil action4 7,b7 ,intervention by the ,commission ,the ,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 remove the civil action to the appropriate district court of the ,united ,states1 if the action was not originally brought in such court2 7,,ii7 be heard on all matters arising in the civil action2 and 7,,iii7 file petitions for appeal of a decision in the civil action4 7,c7 ,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#c7 ,action by the ,commission ,if the ,commission institutes a civil action with respect to a violation of this ,act or a regulation promulgated under this ,act1 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#d7 ,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 such paragraph1 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 attorney general or 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 7c7 ,private right of action 7#a7 ,enforcement by individuals 7,a7 ,in general ,any individual alleging a violation of this ,act or a regulation promulgated under this ,act may bring a civil action in any ,federal or ,state court of competent jurisdiction4 7,b7 ,relief ,in a civil action brought under subparagraph 7,a7 in which the plaintiff prevails1 the court may award-- 7i7 an amount equal to-- 7,i7 in the case of a negligent violation1 not less than #ajj and not greater than #a1jjj per violation2 or 7,,ii7 in the case of a reckless1 knowing1 willful1 or intentional violation1 not less than #ejj and not greater than #e1jjj per violation2 7ii7 reasonable attorney's fees and litigation costs2 and 7iii7 any other relief1 including equitable or declaratory relief1 that the court determines appropriate4 7,c7 ,injury in fact ,a violation of this ,act or a regulation promulgated under this ,act with respect to the personal information of an individual constitutes a concrete and particularized injury in fact to that individual4 7#b7 ,invalidity of pre-dispute arbitration agreements and pre-dispute joint-action waivers 7,a7 ,in general ,notwithstanding any other provision of law1 no pre-dispute arbitration agreement or pre-dispute joint-action waiver shall be valid or enforceable4 7,b7 ,applicability ,any determination as to whether or how this paragraph applies to any dispute shall be made by a court1 rather than an arbitrator1 without regard to whether such agreement purports to delegate such determination to an arbitrator4 #d4 ,definitions ,in this ,act3 7#a7 ,advertisement ,the term advertisement means information provided by an advertiser to an advertising facilitator that the advertising facilitator1 in exchange for monetary consideration or another thing of value1 disseminates to an individual1 connected device1 or group of individuals or connected devices4 7#b7 ,advertiser 7,a7 ,in general ,the term advertiser means a person to the extent such person1 directly or indirectly1 provides an advertising facilitator with monetary consideration or another thing of value for the dissemination of an advertisement to an individual1 connected device1 or group of individuals or connected devices4 7,b7 ,exclusion ,the term advertiser does not include a natural person1 except to the extent such person is engaged in a commercial activity that is more than de minimis4 7#c7 ,advertising facilitator 7,a7 ,in general ,the term advertising facilitator means a person to the extent such person-- 7i7 receives monetary consideration or another thing of value to disseminate an advertisement to an individual1 connected device1 or group of individuals or connected devices2 and 7ii7 collects or processes personal information with respect to the dissemination of the advertisement4 7,b7 ,exclusion ,the term advertising facilitator does not include a natural person1 except to the extent such person is engaged in a commercial activity that is more than de minimis4 7#d7 ,collect ,the term collect means1 with respect to personal information1 to obtain such information in any manner1 except when solely transmitting1 routing1 providing intermediate storage for1 or providing connections for such information through a system or network4 7#e7 ,commission ,the term ,commission means the ,federal ,trade ,commission4 7#f7 ,connected device ,the term connected device means any electronic equipment that is-- 7,a7 primarily designed for or marketed to consumers2 7,b7 capable of connecting to the internet or another communication network2 and 7,c7 capable of sending1 receiving1 or processing personal information4 7#g7 ,contents ,the term contents1 when used with respect to any communication1 has the meaning given such term in section #beaj of title #ah1 ,united ,states ,code4 7#h7 ,dispute ,the term dispute means any claim by an individual that a person has violated this ,act or the regulations promulgated under this ,act4 7#i7 ,disseminate ,the term disseminate means1 with respect to an advertisement1 to transmit1 display1 or otherwise disseminate the advertisement electronically or through communication by wire or radio4 7#aj7 ,dissemination ,the term dissemination means1 with respect to an advertisement1 the transmission1 display1 or other dissemination of the advertisement electronically or through communication by wire or radio4 7#aa7 ,indian lands ,the term ,indian lands includes-- 7,a7 any ,indian country of an ,indian ,tribe 7as such term is defined in section #aaea of title #ah1 ,united ,states ,code72 7,b7 any land in ,alaska owned1 pursuant to the ,alaska ,native ,claims ,settlement ,act 7#dc ,u4,s4,c4 #afja et seq471 by an ,indian ,tribe that is a ,native village 7as such term is defined in section #c of that ,act 7#dc ,u4,s4,c4 #afjb77 or by a ,village ,corporation 7as such term is defined in section #c of that ,act 7#dc ,u4,s4,c4 #afjb77 that is associated with an ,indian ,tribe2 and 7,c7 any land that is part or all of a ,tribal designated statistical area associated with an ,indian ,tribe1 or is part or all of an ,alaska ,native village statistical area associated with an ,indian ,tribe1 as defined by the ,bureau of the ,census for the purposes of the most recent decennial census4 7#ab7 ,indian tribe ,the term ,indian ,tribe has the meaning given the term ,indian tribe in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd74 7#ac7 ,personal information ,the term personal information means data linked or reasonably linkable to an individual or connected device1 including-- 7,a7 data inferred or derived about the individual or connected device from other collected data1 if such data is still linked or reasonably linkable to the individual or connected device2 7,b7 contents of communications2 7,c7 internet browsing history and online activity2 and 7,d7 a unique identifier used for the purposes of targeting the dissemination of an advertisement4 7#ad7 ,pre-dispute arbitration agreement ,the term pre-dispute arbitration agreement means any agreement to arbitrate a dispute that has not arisen at the time of making the agreement4 7#ae7 ,pre-dispute joint-action waiver ,the term pre-dispute joint-action waiver means an agreement1 whether or not part of a pre-dispute arbitration agreement1 that would prohibit1 or waive the right of1 one of the parties to the agreement to participate in a joint1 class1 or collective action in a judicial1 arbitral1 administrative1 or other forum1 concerning a dispute that has not yet arisen at the time of making the agreement4 7#af7 ,recognized place 7,a7 ,in general ,the term recognized place means any of the following3 7i7 ,a ,state4 7ii7 ,indian lands4 7iii7 ,a county1 municipality1 city1 town1 township1 village1 borough1 or similar unit of general government that is-- 7,i7 incorporated pursuant to a ,state law2 or 7,,ii7 an incorporated place 7as defined in the most recent glossary of the ,bureau of the ,census74 7iv7 ,a census designated place 7as defined in the most recent glossary of the ,bureau of the ,census74 7v7 ,a designated market area 7as defined in section #abb7;j7 of title #ag1 ,united ,states ,code74 7vi7 ,a congressional district4 7,b7 ,exclusions ,the term recognized place does not include-- 7i7 a subdivision of any item listed in subparagraph 7,a7 that is not itself listed in such subparagraph2 or 7ii7 a ,,zip ,code4 7#ag7 ,state ,the term ,state means any ,state of the ,united ,states1 the ,district of ,columbia1 the ,commonwealth of ,puerto ,rico1 the ,virgin ,islands of the ,united ,states1 ,guam1 ,american ,samoa1 the ,commonwealth of the ,northern ,mariana ,islands1 and any possession of the ,united ,states4 7#ah7 ,target 7,a7 ,in general ,the term target means1 with respect to the dissemination of an advertisement1 to perform or cause to be performed any computational process designed to select an individual1 connected device1 or group of individuals or connected devices to which to disseminate the advertisement based on personal information pertaining to the individual or connected device or to the individuals or connected devices that make up the group4 7,b7 ,exclusions ,the term target does not include1 with respect to the dissemination of an advertisement1 the performance or causing the performance of any computational process undertaken solely for transmitting1 routing1 providing intermediate storage for1 or providing connections for the advertisement through a system or network4 7#ai7 ,third party ,the term third party includes1 with respect to an advertiser or an advertising facilitator1 a subsidiary1 a corporate affiliate1 or other related party of the advertiser or advertising facilitator4