II 

116TH CONGRESS 

1ST SESSION S. 1578 

To protect the privacy of internet users through the establishment of a 

national Do Not Track system, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 21, 2019 

Mr. HAWLEY introduced the following bill; which was read twice and referred 

to the Committee on Commerce, Science, and Transportation 

A BILL 

To protect the privacy of internet users through the establishment of a national Do Not Track system, 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 ‘‘Do Not Track Act’’. 

5 SEC. 2. DEFINITIONS. 

6 In this Act: 

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

8 means the Federal Trade Commission. 


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1 (2) CONNECTED DEVICE.—The term ‘‘con2 nected device’’ means a device that is capable of con3 necting to the internet, directly or indirectly. 

4 (3) COVERED WEBSITE, SERVICE, OR APPLICA5 TION.—The term ‘‘covered website, service, or appli6 cation’’ means a website on the internet, an online 

7 service, an online application, or a mobile application 

8 that— 

9 (A) is operated or provided for commercial 

10 purposes, in interstate or foreign commerce; 

11 and 

12 (B) is not operated by a nonprofit entity 

13 that would otherwise be exempt from coverage 

14 under section 5 of the Federal Trade Commis15 sion Act (15 U.S.C. 45). 

16 (4) DNT SIGNAL.—The term ‘‘DNT signal’’ 

17 means a signal sent by a connected device, such as 

18 the hypertext transfer protocol developed by the 

19 World Wide Web Consortium Working Group on 

20 Tracking Preference Expression, that is designated 

21 by the Commission for purposes of the Do Not 

22 Track program required under section 3(b). 

23 (5) FIRST-PARTY OPERATOR.—The term ‘‘first24 party operator’’ means an operator of a website on 

25 the internet, an online service, an online application, 


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1 or a mobile application with which a user intends to 

2 connect, but does not include an operator of an ad3 vertisement that appears on such a website, service, 

4 or application or a program used to log in to such 

5 a website, service, or application (if the operator of 

6 such advertisement or program is different from the 

7 operator of the website, service, or application). 

8 (6) TARGETED ADVERTISING.— 

9 (A) IN GENERAL.—The term ‘‘targeted ad10 vertising’’ means a form of advertising where 

11 advertisements are displayed to a user based on 

12 the user’s traits, information from a profile 

13 about the user that is created for the purpose 

14 of selling advertisements, or the user’s previous 

15 online or offline behavior. 

16 (B) LIMITATION.—Such term shall not in17 clude contextual advertising, including— 

18 (i) advertising that is directed to a 

19 user based on the content of the website, 

20 online service, online application, or mobile 

21 application that the user is connected to; 

22 or 

23 (ii) advertising that is directed to a 

24 user by the operator of a website, online 

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1 cation based on the search terms that the 

2 user used to arrive at such website, service, 

3 or application. 

4 (7) THIRD-PARTY OPERATOR.—The term 

5 ‘‘third-party operator’’ means any operator of a pro6 gram that appears on a website, service, or applica7 tion with respect to which the operator is not a first8 party operator. 

9 SEC. 3. ESTABLISHMENT OF DO NOT TRACK SYSTEM. 

10 (a) IN GENERAL.—Not later than 6 months after the 

11 date of enactment of this Act, the Commission shall imple12 ment and enforce a Do Not Track system, including the 

13 program described in subsection (b), to protect consumers 

14 from unwanted online data harvesting and targeted adver15 tising. 

16 (b) DO NOT TRACK PROGRAM.—As part of the Do 

17 Not Track system required under this section, the Com18 mission shall designate the DNT signal and make avail19 able on the public website of the Commission a simple pro20 gram that— 

21 (1) can be downloaded to any common con22 nected device; 

23 (2) sends the DNT signal to every website, on24 line service, or online application to which the device 


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1 connects each time the device connects to such 

2 website, service, or application; and 

3 (3) permits the user of the connected device to 

4 designate websites, services, or applications to which 

5 such signal should not be sent, but does not exempt 

6 any website, service, or application from receiving 

7 such signal if it is not so designated. 

8 (c) OTHER DO NOT TRACK SYSTEMS.—Nothing in 

9 this Act shall be construed as prohibiting the operator of 

10 any web browser or similar interface or a device designer 

11 or manufacturer from offering a program that sends the 

12 DNT signal to websites, services, or applications, provided 

13 that such program permits users to designate websites, 

14 services, or applications to which such signal should not 

15 be sent. 

16 (d) RULEMAKING AUTHORITY.—The Commission 

17 may promulgate regulations, in accordance with section 

18 553 of title 5, United States Code, to carry out this sec19 tion. 

20 SEC. 4. REQUIREMENTS FOR OPERATORS; PROHIBITED 

21 ACTS. 

22 (a) REQUIREMENTS.— 

23 (1) SEARCH FOR DNT SIGNAL.—The operator 

24 of any covered website, service, or application (or 

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1 tion, or service) shall ensure that the website, serv2 ice, or application (or program) searches for the 

3 DNT signal whenever a connected device connects to 

4 the website, service, or application. 

5 (2) MANDATORY DISCLOSURE.— 

6 (A) IN GENERAL.—Subject to subpara7 graph (B), if the operator of a covered website, 

8 service, or application collects more data from 

9 a user of such website, service, or application 

10 than is necessary to operate such website, serv11 ice, or application the operator shall, through a 

12 pop-up notification, provide any user whose 

13 connected device is not sending the DNT signal 

14 with— 

15 (i) notice of the website, service, or 

16 application’s policy of collecting data be17 yond what is necessary to operate the 

18 website, service, or application; 

19 (ii) notice of the protections from data 

20 collection and targeted advertising avail21 able to users under this Act; 

22 (iii) notice that the user may, through 

23 the public website of the Federal Trade 

24 Commission, download the Do Not Track 


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1 program described in section 3(b), and a 

2 link to such website; and 

3 (iv) notice that the user may be able 

4 to activate the DNT signal through the 

5 user’s device or browser. 

6 (B) NUMBER AND TIMING OF DISCLO7 SURES.—The operator of a covered website, 

8 service, or application shall make the disclo9 sures required under subparagraph (A)— 

10 (i) the first time a connected device 

11 connects to such website, service, or appli12 cation; and 

13 (ii) unless the user of the connected 

14 device opts out of receiving such disclo15 sures, at least every 30th time a connected 

16 device connects to such website, service, or 

17 application. 

18 (C) COLLECTION OF DATA FOR TARGETED

19 ADVERTISING.—For purposes of this sub20 section, a covered website, service, or applica21 tion that collects data for the purpose of de22 signing or displaying targeted advertisements 

23 shall be considered to be collecting more data 

24 than is necessary to operate such website, serv25 ice, or application. 


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1 (b) PROHIBITION ON DATA COLLECTION AND TAR2 GETED ADVERTISING.— 

3 (1) IN GENERAL.—Subject to paragraph (3), it 

4 shall be unlawful for a first-party operator of a cov5 ered website, service, or application that receives the 

6 DNT signal from the connected device of a user 

7 to— 

8 (A) collect data (other than such data as 

9 is necessary for the operation of the website, 

10 service, or application) from the user; 

11 (B) use any data collected from the user 

12 for a secondary purpose, including for the pur13 pose of targeted advertising; or 

14 (C) share any data collected from the user 

15 with a third party unless the user expressly 

16 consents to the sharing of data in a manner 

17 that demonstrates the user’s intent for the 

18 first-party operator to be an intermediary be19 tween the user and the third party. 

20 (2) PROHIBITION ON COLLECTION OF DATA BY

21 OTHER OPERATORS.— 

22 (A) IN GENERAL.—It shall be unlawful for 

23 a third-party operator of a program (including 

24 a program that is an advertisement or a portal 

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1 tion) that receives the DNT signal from the 

2 connected device of a user of a covered website, 

3 service, or application to collect any data from 

4 such user, other than, subject to subparagraph 

5 (B), data collected for the purpose of analyzing 

6 how or whether the user engaged with such pro7 gram. 

8 (B) LIMITATIONS ON COLLECTION OF

9 DATA FOR ENGAGEMENT ANALYTICS.—Data 

10 collected for the purpose of analyzing user en11 gagement with a program described in subpara12 graph (A)— 

13 (i) shall be collected only in a de-iden14 tified manner; and 

15 (ii) may not be used to create or con16 tribute to a profile of the user from which 

17 it is collected. 

18 (3) EXCEPTIONS.— 

19 (A) LAW ENFORCEMENT.—The prohibi20 tions on data collection described in paragraph 

21 (1) shall not apply where data is collected for 

22 the purpose of assisting a law enforcement 

23 agency. 

24 (B) COMPLEMENTARY SERVICES.—Not25 withstanding paragraph (1), a first-party operVerDate Sep 11 2014 04:12 May 30, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S1578.IS S1578

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1 ator of a covered website, service, or application 

2 may collect additional data from a user beyond 

3 what is necessary for the operation of such 

4 website, service, or application if such addi5 tional data is necessary for the operation of a 

6 different covered website, service, or application 

7 that is— 

8 (i) both owned and operated by such 

9 first-party operator; 

10 (ii) designed to complement the cov11 ered website, service, or application 

12 accessed by the user; and 

13 (iii) branded as a complementary 

14 website, service, or application to the cov15 ered website, service, or application 

16 accessed by the user. 

17 (c) INTERFERING WITH DNT SIGNAL.—It shall be 

18 unlawful for any person to— 

19 (1) block or impede the ability of a covered 

20 website, service, or application to receive the DNT 

21 signal; or 

22 (2) block or impede the ability of a connected 

23 device to send the DNT signal. 


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1 (d) DISCRIMINATION BASED ON DNT PREF2 ERENCES.—It shall be unlawful for a first-party operator 

3 of a covered website, service, or application to— 

4 (1) deny a user access to, or service from, such 

5 website, service, or application on the basis that the 

6 website, service, or application received the DNT 

7 signal from the user; or 

8 (2) provide a user from whom such website, 

9 service, or application received the DNT signal with 

10 a different level of access or service than the level 

11 of access or service provided to a user from whom 

12 the website, service, or application does not receive 

13 the DNT signal. 

14 (e) EFFECTIVE DATE.—This section shall take effect 

15 on the date that is 6 months after the date of enactment 

16 of this Act. 

17 SEC. 5. ENFORCEMENT AND APPLICABILITY. 

18 (a) ENFORCEMENT BY THE COMMISSION.— 

19 (1) IN GENERAL.—Except as otherwise pro20 vided, this Act and the regulations prescribed under 

21 this Act shall be enforced by the Commission under 

22 the Federal Trade Commission Act (15 U.S.C. 41 et 

23 seq.). 

24 (2) UNFAIR OR DECEPTIVE ACTS OR PRAC25 TICES.—A violation of this Act or a regulation preVerDate Sep 11 2014 04:12 May 30, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S1578.IS S1578

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1 scribed under this Act shall be treated as a violation 

2 of a rule defining an unfair or deceptive act or prac3 tice prescribed under section 18(a)(1)(B) of the Fed4 eral Trade Commission Act (15 U.S.C. 

5 57a(a)(1)(B)). 

6 (3) ACTIONS BY THE COMMISSION.— 

7 (A) IN GENERAL.—Except as provided in 

8 subsection (b)(1), the Commission shall prevent 

9 any person from violating this Act or a regula10 tion prescribed under this Act in the same man11 ner, by the same means, and with the same ju12 risdiction, powers, and duties as though all ap13 plicable terms and provisions of the Federal 

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

15 were incorporated into and made a part of this 

16 Act, and, except as provided in subparagraph 

17 (B), any person who violates this Act or a regu18 lation prescribed under this Act shall be subject 

19 to the penalties and entitled to the privileges 

20 and immunities provided in the Federal Trade 

21 Commission Act. 

22 (B) PENALTIES.— 

23 (i) IN GENERAL.—Notwithstanding 

24 section 5(m) of the Federal Trade Com25 mission Act (15 U.S.C. 45(m)), a civil penVerDate Sep 11 2014 04:12 May 30, 2019 Jkt 089200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S1578.IS S1578

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1 alty recovered for a violation of this Act or 

2 a regulation prescribed under this Act may 

3 be in excess of the amounts provided for in 

4 that section, provided that such penalty 

5 meets the requirements of this subpara6 graph. 

7 (ii) PENALTY FOR NEGLIGENT VIOLA8 TION.—In the case of a person that neg9 ligently violates this Act or a regulation 

10 prescribed under this Act, such person 

11 shall be liable for a civil penalty that shall 

12 not exceed $50 for every user affected by 

13 such violation for every day during which 

14 the person is in violation of this Act under 

15 this clause. 

16 (iii) PENALTY FOR WILLFUL OR

17 RECKLESS VIOLATION.—In the case of a 

18 person that willfully or recklessly violates 

19 this Act or a regulation prescribed under 

20 this Act, such person shall be liable for a 

21 civil penalty that— 

22 (I) shall not be less than 

23 $100,000; and 

24 (II) shall not exceed $1,000 for 

25 every user affected by such violation 


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1 for every day during which the person 

2 is in violation of this Act under this 

3 clause. 

4 (b) ENFORCEMENT BY STATE ATTORNEYS GEN5 ERAL.— 

6 (1) IN GENERAL.— 

7 (A) CIVIL ACTIONS.—In any case in which 

8 the attorney general of a State has reason to 

9 believe that an interest of the residents of that 

10 State has been or is threatened or adversely af11 fected by the engagement of any person in a 

12 practice that violates this Act or a regulation 

13 prescribed under this Act, the State, as parens 

14 patriae, may bring a civil action on behalf of 

15 the residents of the State in a district court of 

16 the United States or a State court of appro17 priate jurisdiction to— 

18 (i) enjoin that practice; 

19 (ii) enforce compliance with this Act 

20 or such regulation; 

21 (iii) obtain damages, statutory dam22 age, restitution, or other compensation on 

23 behalf of residents of the State; or 

24 (iv) obtain such other relief as the 

25 court may consider to be appropriate. 


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1 (B) NOTICE.— 

2 (i) IN GENERAL.—Before filing an ac3 tion under subparagraph (A), the attorney 

4 general of the State involved shall provide 

5 to the Commission— 

6 (I) written notice of that action; 

7 and 

8 (II) a copy of the complaint for 

9 that action. 

10 (ii) EXEMPTION.— 

11 (I) IN GENERAL.—Clause (i) 

12 shall not apply with respect to the fil13 ing of an action by an attorney gen14 eral of a State under this paragraph 

15 if the attorney general of the State 

16 determines that it is not feasible to 

17 provide the notice described in that 

18 clause before the filing of the action. 

19 (II) NOTIFICATION.—In an ac20 tion described in subclause (I), the at21 torney general of a State shall provide 

22 notice and a copy of the complaint to 

23 the Commission at the same time as 

24 the attorney general files the action. 

25 (2) INTERVENTION.— 


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1 (A) IN GENERAL.—On receiving notice 

2 under paragraph (1)(B), the Commission shall 

3 have the right to intervene in the action that is 

4 the subject of the notice. 

5 (B) EFFECT OF INTERVENTION.—If the 

6 Commission intervenes in an action under para7 graph (1), it shall have the right— 

8 (i) to be heard with respect to any 

9 matter that arises in that action; and 

10 (ii) to file a petition for appeal. 

11 (3) CONSTRUCTION.—For purposes of bringing 

12 any civil action under paragraph (1), nothing in this 

13 Act shall be construed to prevent an attorney gen14 eral of a State from exercising the powers conferred 

15 on the attorney general by the laws of that State 

16 to— 

17 (A) conduct investigations; 

18 (B) administer oaths or affirmations; or 

19 (C) compel the attendance of witnesses or 

20 the production of documentary and other evi21 dence. 

22 (4) ACTIONS BY THE COMMISSION.—In any 

23 case in which an action is instituted by or on behalf 

24 of the Commission for violation of this Act or a reg25 ulation prescribed under this Act, no State may, 


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1 during the pendency of that action, institute an ac2 tion under paragraph (1) against any defendant 

3 named in the complaint in the action instituted by 

4 or on behalf of the Commission for that violation. 

5 (5) VENUE; SERVICE OF PROCESS.— 

6 (A) VENUE.—Any action brought under 

7 paragraph (1) may be brought in— 

8 (i) the district court of the United 

9 States that meets applicable requirements 

10 relating to venue under section 1391 of 

11 title 28, United States Code; or 

12 (ii) a State court of competent juris13 diction. 

14 (B) SERVICE OF PROCESS.—In an action 

15 brought under paragraph (1) in a district court 

16 of the United States, process may be served 

17 wherever defendant— 

18 (i) is an inhabitant; or 

19 (ii) may be found. 

20 SEC. 6. SEVERABILITY. 

21 If any provision of this Act or the application of a 

22 provision of this Act to any person or circumstance is held 

23 to be invalid or unconstitutional, the remainder of this 


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1 Act, or the application of such provision to any other per2 son or circumstance, shall not be affected. 

Æ 


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