I 

118TH CONGRESS 

2D SESSION H. R. 8929 

To prohibit digital platforms from using information about a user unless 

the user consents to such use, to ensure personal information is considered a property right, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 2, 2024 

Mr. SCHWEIKERT introduced the following bill; which was referred to the 

Committee on Energy and Commerce 

A BILL 

To prohibit digital platforms from using information about 

a user unless the user consents to such use, to ensure 

personal information is considered a property right, and 

for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘User Data Protection 

5 Act’’. 

6 SEC. 2. PROHIBITION ON REQUIREMENT TO ACCEPT COOK7 IES. 

8 (a) IN GENERAL.— 


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1 (1) TRACKING AND USER PROPERTY RIGHTS.— 

2 It shall be unlawful for the operator of a digital plat3 form or any third-party platform to do any of the 

4 following: 

5 (A) Without the consent of the user— 

6 (i) use cookies for the digital plat7 form; 

8 (ii) collect and store any information 

9 about the user, including any habit or pref10 erence of the user; and 

11 (iii) deliver content to the user that 

12 corresponds with any of the personal infor13 mation of the user. 

14 (B) Restrict a user from using a digital 

15 platform if the user declines to consent to any 

16 of the activities described in subparagraph (A). 

17 (C) Use tracking pixels. 

18 (D) Share information about a user with 

19 other digital platforms or online businesses. 

20 (2) PROPERTY RIGHTS FOR USER INFORMA21 TION.—The operator of a digital platform shall do 

22 the following: 

23 (A) If a user consents to the digital plat24 form collecting, storing, or using the informaVerDate Sep 11 2014 01:55 Aug 10, 2024 Jkt 049200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H8929.IH H8929

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1 tion about the user, provide a disclosure state2 ment— 

3 (i) that includes a description of the 

4 information that the digital platform in5 tends to collect, store, or use, what the in6 formation will be used for, and what the 

7 digital platform determines the economic 

8 value of the information to be; 

9 (ii) that is consistent across all digital 

10 platforms; and 

11 (iii) the form of which shall be deter12 mined by the Commission. 

13 (B) Make the disclosure statement acces14 sible to the individual on the platform. 

15 (C) Treat any information collected, 

16 stored, or used by the digital platform or infor17 mation that a user generates on the digital 

18 platform as an exclusive property right owned 

19 by that user. 

20 (D) Determine the economic value of the 

21 information described under subparagraph (A) 

22 as a property right. 

23 (E) Provide an update to users if there is 

24 any change in the collection, storage, or use of 

25 the information described under subparagraph 


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1 (A) or the economic value determined under 

2 subparagraph (D). 

3 (b) ENFORCEMENT.— 

4 (1) ENFORCEMENT BY THE FEDERAL TRADE

5 COMMISSION.— 

6 (A) UNFAIR OR DECEPTIVE ACTS OR PRAC7 TICES.—A violation of subsection (a) shall be 

8 treated as a violation of a regulation under sec9 tion 18(a)(1)(B) of the Federal Trade Commis10 sion Act (15 U.S.C. 57a(a)(1)(B)) regarding 

11 unfair or deceptive acts or practices. 

12 (B) POWERS OF COMMISSION.—The Com13 mission shall enforce subsection (a) in the same 

14 manner, by the same means, and with the same 

15 jurisdiction, powers, and duties as though all 

16 applicable terms and provisions of the Federal 

17 Trade Commission Act (15 U.S.C. 41 et seq.) 

18 were incorporated into and made a part of this 

19 Act. Any person who violates such subsection 

20 shall be subject to the penalties and entitled to 

21 the privileges and immunities provided in the 

22 Federal Trade Commission Act. 

23 (2) EFFECT ON OTHER LAWS.—Nothing in this 

24 section shall be construed in any way to limit the 

25 authority of the Commission under any other proviVerDate Sep 11 2014 01:55 Aug 10, 2024 Jkt 049200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H8929.IH H8929

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1 sion of law or to limit the application of any Federal 

2 or State law. 

3 (3) ENFORCEMENT BY STATE ATTORNEYS GEN4 ERAL.— 

5 (A) IN GENERAL.—If the chief law en6 forcement officer of a State, or an official or 

7 agency designated by a State, has reason to be8 lieve that any person has violated or is violating 

9 subsection (a), the attorney general, official, or 

10 agency of the State, in addition to any author11 ity it may have to bring an action in State 

12 court under its consumer protection law, may 

13 bring a civil action in any appropriate United 

14 States district court or in any other court of 

15 competent jurisdiction, including a State court, 

16 to— 

17 (i) enjoin further such violation by 

18 such person; 

19 (ii) enforce compliance with such sub20 section; 

21 (iii) obtain civil penalties; and 

22 (iv) obtain damages, restitution, or 

23 other compensation on behalf of residents 

24 of the State. 


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1 (B) NOTICE AND INTERVENTION BY THE

2 FEDERAL TRADE COMMISSION.—The attorney 

3 general of a State shall provide prior written 

4 notice of any action under subparagraph (A) to 

5 the Commission and provide the Commission 

6 with a copy of the complaint in the action, ex7 cept in any case in which such prior notice is 

8 not feasible, in which case the attorney general 

9 shall serve such notice immediately upon insti10 tuting such action. The Commission shall have 

11 the right— 

12 (i) to intervene in the action; 

13 (ii) upon so intervening, to be heard 

14 on all matters arising therein; and 

15 (iii) to file petitions for appeal. 

16 (C) LIMITATION ON STATE ACTION WHILE

17 FEDERAL ACTION IS PENDING.—If the Commis18 sion has instituted a civil action for violation of 

19 this section, no State attorney general, or offi20 cial or agency of a State, may bring an action 

21 under this paragraph during the pendency of 

22 that action against any defendant named in the 

23 complaint of the Commission for any violation 

24 of this section alleged in the complaint. 

25 (c) PRIVATE CAUSE OF ACTION.— 


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1 (1) ACTION.—A user who suffers harm as a re2 sult of a violation of subsection (a) may bring an ac3 tion against the operator of a digital platform in the 

4 appropriate district court of the United States to en5 join such violation and for damages. 

6 (2) DAMAGES.—A user who suffers harm as a 

7 result of a violation of subsection (a) shall not re8 ceive less than 90 percent of total damages. 

9 (3) ATTORNEY’S FEES.—The amount of an 

10 award of attorney’s fees under this subsection may 

11 not exceed an amount equal to 33 percent of the 

12 damages awarded to the user. 

13 (d) FEDERAL PREEMPTION.—This Act preempts any 

14 State law relating to the requirements described under 

15 this Act. 

16 (e) DEFINITIONS.—In this section: 

17 (1) COMMISSION.—The term ‘‘Commission’’ 

18 means the Federal Trade Commission. 

19 (2) COOKIES.—The term ‘‘cookies’’ means in20 formation saved by a web browser that allows the 

21 browser to recognize a device and track a user over 

22 time. 

23 (3) DIGITAL PLATFORM.—The term ‘‘digital 

24 platform’’ means any technology-enabled content 


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1 producer and includes a website, an online business, 

2 and an application for a device. 

3 (4) THIRD-PARTY PLATFORM.—The term 

4 ‘‘third-party platform’’ means an entity that con5 tracts with a digital platform to use their website, 

6 online business, or application for a device for adver7 tising or other purposes. 

8 (5) TRACKING PIXEL.—The term ‘‘tracking 

9 pixel’’ means a tiny pixel-sized image, hidden or em10 bedded in an online page and used for collecting 

11 data about a user. 

Æ 


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