I 
112TH CONGRESS 
1ST SESSION 
H. R. 654 
To direct the Federal Trade Commission to prescribe regulations regarding 
the collection and use of information obtained by tracking the Internet 
activity of an individual, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 11, 2011 
Ms. SPEIER (for herself, Mr. HASTINGS of Florida, and Mr. FILNER) intro-
duced the following bill; which was referred to the Committee on Energy 
and Commerce 
A BILL 
To direct the Federal Trade Commission to prescribe regula-
tions regarding the collection and use of information 
obtained by tracking the Internet activity of an indi-
vidual, 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 ‘‘Do Not Track Me On-
line Act’’. 
SEC. 2. DEFINITIONS. 
In this Act: 
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(1) COMMISSION.—The term ‘‘Commission’’ 
means the Federal Trade Commission. 
(2) COVERED ENTITY.—The term ‘‘covered en-
tity’’ means a person engaged in interstate com-
merce that collects or stores online data containing 
covered information. Such term does not include— 
(A) the Federal Government or any instru-
mentality of the Federal Government, nor the 
government of any State or political subdivision 
of a State; or 
(B) any person that can demonstrate that 
such person— 
(i) stores covered information from or 
about fewer than 15,000 individuals; 
(ii) collects covered information from 
or about fewer than 10,000 individuals 
during any 12-month period; 
(iii) does not collect or store sensitive 
information; and 
(iv) does not use covered information 
to study, monitor, or analyze the behavior 
of individuals as the person’s primary busi-
ness. 
(3) COVERED INFORMATION.— 
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(A) IN GENERAL.—The term ‘‘covered in-
formation’’ means, with respect to an indi-
vidual, any of the following that is transmitted 
online: 
(i) The online activity of the indi-
vidual, including— 
(I) the web sites and content 
from such web sites accessed; 
(II) the date and hour of online 
access; 
(III) 
the 
computer 
and 
geolocation from which online infor-
mation was accessed; and 
(IV) the means by which online 
information was accessed, such as a 
device, browser, or application. 
(ii) 
Any 
unique 
or 
substantially 
unique identifier, such as a customer num-
ber or Internet protocol address. 
(iii) Personal information such as— 
(I) the name; 
(II) a postal address or other lo-
cation; 
(III) an email address or other 
user name; 
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(IV) a telephone or fax number; 
(V) a government-issued identi-
fication number, such as a tax identi-
fication number, a passport number, 
or a driver’s license number; or 
(VI) a financial account number, 
or credit card or debit card number, 
or any required security code, access 
code, or password that is necessary to 
permit access to an individual’s finan-
cial account. 
(B) EXCLUSION.—Such term shall not in-
clude— 
(i) the title, business address, business 
email address, business telephone number, 
or business fax number associated with an 
individual’s status as an employee of an or-
ganization, or an individual’s name when 
collected, stored, used, or disclosed in con-
nection with such employment status; or 
(ii) any information collected from or 
about an employee by an employer, pro-
spective employer, or former employer that 
directly relates to the employee-employer 
relationship. 
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(4) SENSITIVE INFORMATION.— 
(A) DEFINITION.—The term ‘‘sensitive in-
formation’’ means— 
(i) any information that is associated 
with covered information of an individual 
and relates directly to that individual’s— 
(I) medical history, physical or 
mental health, or the provision of 
health care to the individual; 
(II) race or ethnicity; 
(III) religious beliefs and affili-
ation; 
(IV) sexual orientation or sexual 
behavior; 
(V) income, assets, liabilities, or 
financial records, and other financial 
information associated with a finan-
cial account, including balances and 
other financial information, except 
when financial account information is 
provided by the individual and is used 
only to process an authorized credit or 
debit to the account; or 
(VI) precise geolocation informa-
tion and any information about the 
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individual’s activities and relationships 
associated with such geolocation; or 
(ii) an individual’s— 
(I) unique biometric data, includ-
ing a fingerprint or retina scan; or 
(II) Social Security number. 
(B) MODIFIED
DEFINITION
BY
RULE-
MAKING.—The Commission may, by regulations 
promulgated under section 553 of title 5, 
United States Code, modify the scope or appli-
cation of the definition of ‘‘sensitive informa-
tion’’ for purposes of this Act. In promulgating 
such regulations, the Commission shall con-
sider— 
(i) the purposes of the collection of 
the information and the context of the use 
of the information; 
(ii) how easily the information can be 
used to identify a specific individual; 
(iii) the nature and extent of author-
ized access to the information; 
(iv) an individual’s reasonable expec-
tations under the circumstances; and 
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(v) adverse effects that may be experi-
enced by an individual if the information is 
disclosed to an unauthorized person. 
SEC. 3. REGULATIONS REQUIRING ‘‘DO-NOT-TRACK’’ MECH-
ANISM. 
(a) FTC RULEMAKING.—Not later than 18 months 
after the date of enactment of this Act, the Commission 
shall promulgate regulations under section 553 of title 5, 
United States Code, that establish standards for the re-
quired use of an online opt-out mechanism to allow a con-
sumer to effectively and easily prohibit the collection or 
use of any covered information and to require a covered 
entity to respect the choice of such consumer to opt-out 
of such collection or use. Regulations prescribed pursuant 
to this subsection shall be treated as regulations defining 
unfair and deceptive acts or practices affecting commerce 
prescribed under section 18(a)(1)(B) of the Federal Trade 
Commission Act (15 U.S.C. 57a(a)(1)(B)). 
(b) REQUIREMENTS TO BE INCLUDED IN REGULA-
TIONS.—The regulations prescribed under subsection 
(a)— 
(1) shall include a requirement for a covered 
entity to disclose, in a manner that is easily acces-
sible to a consumer, information on the collection of 
information practices of such entity, how such entity 
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uses or discloses such information, and the names of 
the persons to whom such entity would disclose such 
information; and 
(2) shall prohibit the collection or use of cov-
ered information by a covered entity for which a 
consumer has opted-out of such collection or use, 
unless the consumer changes their opt-out pref-
erence to allow the collection or use of such informa-
tion. 
(c) ADDITIONAL REGULATORY AUTHORITY.—The 
regulations prescribed under subsection (a)— 
(1) may include a requirement that a covered 
entity provide a consumer with a means to access 
the covered information of such consumer and the 
data retention and security policies of the covered 
entity in a format that is clear and easy to under-
stand; and 
(2) may include a requirement that some or all 
of the regulations apply with regard to the collection 
and use of covered information, regardless of the 
source. 
(d) EXEMPTIVE AUTHORITY.—The Commission may 
exempt from some or all of the regulations required by 
this section certain commonly accepted commercial prac-
tices, including the following: 
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(1) Providing, operating, or improving a prod-
uct or service used, requested, or authorized by an 
individual, including the ongoing provision of cus-
tomer service and support. 
(2) Analyzing data related to use of the product 
or service for purposes of improving the products, 
services, or operations. 
(3) Basic business functions such as account-
ing, inventory and supply chain management, quality 
assurance, and internal auditing. 
(4) Protecting or defending rights or property, 
including intellectual property, against actual or po-
tential security threats, fraud, theft, unauthorized 
transactions, or other illegal activities. 
(5) Preventing imminent danger to the personal 
safety of an individual or group of individuals. 
(6) Complying with a Federal, State, or local 
law, rule, or other applicable legal requirement, in-
cluding disclosures pursuant to a court order, sub-
poena, summons, or other properly executed compul-
sory process. 
(7) Any other category of operational use speci-
fied by the Commission by regulation that is con-
sistent with the purposes of this Act. 
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SEC. 4. ADDITIONAL FTC AUTHORITY. 
In implementing and enforcing the regulations pre-
scribed under section 3, the Commission shall— 
(1) have the authority to prescribe such regula-
tions as may be necessary to carry out the purposes 
of this Act in accordance with section 553 of title 5, 
United States Code; 
(2) monitor for risks to consumers in the provi-
sion of products and services, including the develop-
ment of new hardware or software designed to limit, 
restrict, or circumvent the ability of a consumer to 
control the collection and use of the covered infor-
mation of such consumer, as set forth in the regula-
tions prescribed under section 3; 
(3) perform random audits of covered entities, 
including Internet browsing for investigative pur-
poses, to ensure compliance with the regulations 
issued under section 3; 
(4) assess consumers’ understanding of the 
risks posed by the tracking of a consumer’s Internet 
activity and the collection and use of covered infor-
mation relating to a consumer; and 
(5) make available to the public at least 1 re-
port of significant findings of the monitoring re-
quired by this section in each calendar year after the 
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date on which final regulations are issued pursuant 
to section 3(a). 
SEC. 5. ENFORCEMENT BY STATE ATTORNEYS GENERAL. 
(a) CIVIL ACTION.—In any case in which the Attor-
ney General of a State, or an official or agency 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 any person who violates the regulations prescribed 
under section 3, the attorney general, official, or agency 
of the State, as parens patriae, may bring a civil action 
on behalf of the residents of the State in an appropriate 
district court of the United States— 
(1) to enjoin further violation of the regulations 
prescribed under section 3 by the defendant; 
(2) to compel compliance with the regulations 
prescribed under section 3; or 
(3) to obtain civil penalties for violations of the 
regulations prescribed under section 3 in the amount 
determined under subsection (b). 
(b) CIVIL PENALTIES.— 
(1) CALCULATION.—For purposes of calculating 
the civil penalties that may be obtained under sub-
section (a)(3), the amount determined under this 
paragraph is the amount calculated by multiplying 
the number of days that a covered entity is not in 
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compliance with the regulations prescribed under 
section 3 by an amount not to exceed $11,000. 
(2) ADJUSTMENT FOR INFLATION.—Beginning 
on the date that the Consumer Price Index for All 
Urban Consumers is first published by the Bureau 
of Labor Statistics that is after 1 year after the date 
of enactment of this Act, and each year thereafter, 
the amount specified in paragraph (1) shall be in-
creased by the percentage increase in the Consumer 
Price Index published on that date from the Con-
sumer Price Index published the previous year. 
(3) MAXIMUM
TOTAL
LIABILITY.—Notwith-
standing the number of actions which may be 
brought against a person under this section the 
maximum civil penalty for which any person may be 
liable under this section shall not exceed $5,000,000 
for any related series of violations of the regulations 
prescribed under section 3. 
(c) INTERVENTION BY THE FTC.— 
(1) NOTICE
AND
INTERVENTION.—The State 
shall provide prior written notice of any action under 
subsection (a) to the Commission and provide the 
Commission with a copy of its complaint, except in 
any case in which such prior notice is not feasible, 
in which case the State shall serve such notice im-
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mediately upon instituting such action. The Commis-
sion shall have the right— 
(A) to intervene in the action; 
(B) upon so intervening, to be heard on all 
matters arising therein; and 
(C) to file petitions of appeal. 
(2) LIMITATION ON STATE ACTION WHILE FED-
ERAL ACTION IS PENDING.—If the Commission has 
instituted a civil action for violation of the regula-
tions prescribed under section 3, no attorney general 
of a State, or official, or agency of a State, may 
bring an action under this section during the pend-
ency of that action against any defendant named in 
the complaint of the Commission for any violation of 
the regulations issued under this Act alleged in the 
complaint. 
SEC. 6. EFFECT ON OTHER LAWS. 
(a) OTHER AUTHORITY OF FEDERAL TRADE COM-
MISSION.—Nothing in this Act shall be construed to limit 
or affect in any way the Commission’s authority to bring 
enforcement actions or take any other measure under the 
Federal Trade Commission Act (15 U.S.C. 41 et seq.) or 
any other provision of law. 
(b) STATE LAW.—The regulations prescribed under 
section 3 shall not annul, alter, affect, or exempt any per-
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