Rockefeller introduces Do Not Track bill

Senate Commerce Chairman Jay Rockefeller (D-W.Va.) introduced a bill Monday that would let consumers opt out of having their online behavior tracked by Web firms.

The Do-Not-Track Online Act of 2011 has already drawn strong support from consumer groups and privacy advocates, who were critical when a bipartisan commercial privacy bill unveiled last month by Sens. John Kerry (D-Mass.) and John McCain (R-Ariz.) didn't contain a Do Not Track provision.

“Recent reports of privacy invasions have made it imperative that we do more to put consumers in the driver’s seat when it comes to their personal information,” Rockefeller said in a statement.

“I believe consumers have a right to decide whether their information can be collected and used online. This bill offers a simple, straightforward way for people to stop companies from tracking their movements online.”

Groups backing the bill include Consumers Union, the Electronic Frontier Foundation and the American Civil Liberties Union, which called the do-not-track list "a barrier against unwarranted surveillance and targeting of Americans."

The bill tasks the Federal Trade Commission with creating and implementing a Do Not Track mechanism, which many have compared to the Do Not Call list that prevents telemarketers from contacting consumers that have opted out.

Supporters of the Do Not Track provision argue consumers shouldn't have to opt-out of every instance of targeted online advertising individually. Web firms have argued a blanket opt-out could impede innovation and companies' ability to individually tailor services to customers online.

Firms can still collect data on customers as long as they consent or the data is necessary to provide a service desired by those customers, and either deleted or made anonymous as soon as the service is provided.

The bill empowers the FTC to enforce the rules and seek civil penalties against violators. It also authorizes state attorneys general to seek civil penalties.

“While we spend more and more of our lives online, our ability to control the collection, sharing and use of the information we share is severely lacking," said Laura Murphy, director of the ACLU's Washington legislative office.

"A ‘do not track’ list will give Americans the chance to both opt out of opportunistic marketing tactics and keep their personal information out of the hands of the government."

The Do Not Track provision of the bill is expected to be discussed as an amendment to the Kerry-McCain bill, which has already attracted significant bipartisan support. That bill requires firms to take security precautions to protect the data they collect and to inform consumers before sharing it with third parties.

Kerry previously said a Do Not Track provision would be unnecessary because of the strong opt-out provision included in his bill, but said he is open to discussing it as an element.

He acknowledged that including Do Not Track in the first draft may have jeopardized the industry support from the likes of eBay, Intel, HP, and Microsoft.

This story was updated at 4:25 p.m.

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