I 
117TH CONGRESS 
1ST SESSION H. R. 4240 
To prohibit digital platforms from using information about a user unless 
the user consents to such use, to ensure personal information is consid-
ered a property right, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 29, 2021 
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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘User Data Protection 
Act’’. 
SEC. 2. PROHIBITION ON REQUIREMENT TO ACCEPT COOK-
IES. 
(a) IN GENERAL.— 
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(1) TRACKING AND USER PROPERTY RIGHTS.— 
It shall be unlawful for the operator of a digital plat-
form or any third-party platform to do any of the 
following: 
(A) Without the consent of the user— 
(i) use cookies for the digital plat-
form; 
(ii) collect and store any information 
about the user, including any habit or pref-
erence of the user; and 
(iii) deliver content to the user that 
corresponds with any of the personal infor-
mation of the user. 
(B) Restrict a user from using a digital 
platform if the user declines to consent to any 
of the activities described in subparagraph (A). 
(C) Use tracking pixels. 
(D) Share information about a user with 
other digital platforms or online businesses. 
(2) PROPERTY
RIGHTS
FOR
USER
INFORMA-
TION.—The operator of a digital platform shall do 
the following: 
(A) If a user consents to the digital plat-
form collecting, storing, or using the informa-
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tion about the user, provide a disclosure state-
ment— 
(i) that includes a description of the 
information that the digital platform in-
tends to collect, store, or use, what the in-
formation will be used for, and what the 
digital platform determines the economic 
value of the information to be; 
(ii) that is consistent across all digital 
platforms; and 
(iii) the form of which shall be deter-
mined by the Commission. 
(B) Make the disclosure statement acces-
sible to the individual on the platform. 
(C) 
Treat 
any 
information 
collected, 
stored, or used by the digital platform or infor-
mation that a user generates on the digital 
platform as an exclusive property right owned 
by that user. 
(D) Determine the economic value of the 
information described under subparagraph (A) 
as a property right. 
(E) Provide an update to users if there is 
any change in the collection, storage, or use of 
the information described under subparagraph 
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(A) or the economic value determined under 
subparagraph (D). 
(b) ENFORCEMENT.— 
(1) ENFORCEMENT BY THE FEDERAL TRADE 
COMMISSION.— 
(A) UNFAIR OR DECEPTIVE ACTS OR PRAC-
TICES.—A violation of subsection (a) shall be 
treated as a violation of a regulation under sec-
tion 18(a)(1)(B) of the Federal Trade Commis-
sion Act (15 U.S.C. 57a(a)(1)(B)) regarding 
unfair or deceptive acts or practices. 
(B) POWERS OF COMMISSION.—The Com-
mission shall enforce subsection (a) in the same 
manner, by the same means, and with the same 
jurisdiction, powers, and duties as though all 
applicable terms and provisions of the Federal 
Trade Commission Act (15 U.S.C. 41 et seq.) 
were incorporated into and made a part of this 
Act. Any person who violates such subsection 
shall be subject to the penalties and entitled to 
the privileges and immunities provided in the 
Federal Trade Commission Act. 
(2) EFFECT ON OTHER LAWS.—Nothing in this 
section shall be construed in any way to limit the 
authority of the Commission under any other provi-
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sion of law or to limit the application of any Federal 
or State law. 
(3) ENFORCEMENT BY STATE ATTORNEYS GEN-
ERAL.— 
(A) IN
GENERAL.—If the chief law en-
forcement officer of a State, or an official or 
agency designated by a State, has reason to be-
lieve that any person has violated or is violating 
subsection (a), the attorney general, official, or 
agency of the State, in addition to any author-
ity it may have to bring an action in State 
court under its consumer protection law, may 
bring a civil action in any appropriate United 
States district court or in any other court of 
competent jurisdiction, including a State court, 
to— 
(i) enjoin further such violation by 
such person; 
(ii) enforce compliance with such sub-
section; 
(iii) obtain civil penalties; and 
(iv) obtain damages, restitution, or 
other compensation on behalf of residents 
of the State. 
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(B) NOTICE AND INTERVENTION BY THE 
FEDERAL
TRADE
COMMISSION.—The attorney 
general of a State shall provide prior written 
notice of any action under subparagraph (A) to 
the Commission and provide the Commission 
with a copy of the complaint in the action, ex-
cept in any case in which such prior notice is 
not feasible, in which case the attorney general 
shall serve such notice immediately upon insti-
tuting such action. The Commission shall have 
the right— 
(i) to intervene in the action; 
(ii) upon so intervening, to be heard 
on all matters arising therein; and 
(iii) to file petitions for appeal. 
(C) LIMITATION ON STATE ACTION WHILE 
FEDERAL ACTION IS PENDING.—If the Commis-
sion has instituted a civil action for violation of 
this section, no State attorney general, or offi-
cial or agency of a State, may bring an action 
under this paragraph during the pendency of 
that action against any defendant named in the 
complaint of the Commission for any violation 
of this section alleged in the complaint. 
(c) PRIVATE CAUSE OF ACTION.— 
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