[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8929 Introduced in House (IH)]
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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.
Be it enacted by the Senate and House of Representatives 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 COOKIES.
(a) In General.--
(1) Tracking and user property rights.--It shall be
unlawful for the operator of a digital platform or any third-
party platform to do any of the following:
(A) Without the consent of the user--
(i) use cookies for the digital platform;
(ii) collect and store any information
about the user, including any habit or
preference of the user; and
(iii) deliver content to the user that
corresponds with any of the personal
information 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 information.--The operator of
a digital platform shall do the following:
(A) If a user consents to the digital platform
collecting, storing, or using the information about the
user, provide a disclosure statement--
(i) that includes a description of the
information that the digital platform intends
to collect, store, or use, what the information
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 determined
by the Commission.
(B) Make the disclosure statement accessible to the
individual on the platform.
(C) Treat any information collected, stored, or
used by the digital platform or information 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 (A) or the
economic value determined under subparagraph (D).
(b) Enforcement.--
(1) Enforcement by the federal trade commission.--
(A) Unfair or deceptive acts or practices.--A
violation of subsection (a) shall be treated as a
violation of a regulation under section 18(a)(1)(B) of
the Federal Trade Commission Act (15 U.S.C.
57a(a)(1)(B)) regarding unfair or deceptive acts or
practices.
(B) Powers of commission.--The Commission 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 provision of law or to limit the application of
any Federal or State law.
(3) Enforcement by state attorneys general.--
(A) In general.--If the chief law enforcement
officer of a State, or an official or agency designated
by a State, has reason to believe that any person has
violated or is violating subsection (a), the attorney
general, official, or agency of the State, in addition
to any authority 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
subsection;
(iii) obtain civil penalties; and
(iv) obtain damages, restitution, or other
compensation on behalf of residents of the
State.
(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,
except in any case in which such prior notice is not
feasible, in which case the attorney general shall
serve such notice immediately upon instituting 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 Commission has instituted a civil
action for violation of this section, no State attorney
general, or official 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.--
(1) Action.--A user who suffers harm as a result of a
violation of subsection (a) may bring an action against the
operator of a digital platform in the appropriate district
court of the United States to enjoin such violation and for
damages.
(2) Damages.--A user who suffers harm as a result of a
violation of subsection (a) shall not receive less than 90
percent of total damages.
(3) Attorney's fees.--The amount of an award of attorney's
fees under this subsection may not exceed an amount equal to 33
percent of the damages awarded to the user.
(d) Federal Preemption.--This Act preempts any State law relating
to the requirements described under this Act.
(e) Definitions.--In this section:
(1) Commission.--The term ``Commission'' means the Federal
Trade Commission.
(2) Cookies.--The term ``cookies'' means information saved
by a web browser that allows the browser to recognize a device
and track a user over time.
(3) Digital platform.--The term ``digital platform'' means
any technology-enabled content producer and includes a website,
an online business, and an application for a device.
(4) Third-party platform.--The term ``third-party
platform'' means an entity that contracts with a digital
platform to use their website, online business, or application
for a device for advertising or other purposes.
(5) Tracking pixel.--The term ``tracking pixel'' means a
tiny pixel-sized image, hidden or embedded in an online page
and used for collecting data about a user.
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