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New Legislative Proposal For Online Behavioral Advertising Management Released By U.S Congressional Reps

Representatives Rick Boucher (Democrat, Virginia) and Cliff Stearns, (Republican, Florida) released their "discussion draft of legislation to assure the privacy of information about individuals both on the Internet and offline."

(Given the initial language from the release, it would seem that there is much more broader scope such as the offline direct marketing (catalogs etc.) business. But, no.)

Later in the release, Congressman Boucher, who is also a member of the Congressional Internet Caucus Advisory Committee says, "Our goal is to encourage greater levels of electronic commerce by providing to Internet users the assurance that their experience online will be more secure. That greater sense of privacy protection will be particularly important in encouraging the trend toward the cloud computing." Read the release here on Congressman Boucher's website.

Looking at the "top line" of the legislation, it requires:

• Opt-In capabilities for third-party cookies or a visible link to opting-out of data collection. As The Wall Street Journal's Emily Steel observes: "The ad company wouldn't need to solicit permission to collect information about consumers if the targeted ad includes a link that explains which company was involved in making the ad appear, shows consumers what information is collected about them and gives them the chance to opt out." Read her article.
• Opt-Out capabilities for first-party cookies.

• Download a Copy of the Bill (PDF)
• Download the Executive Summary (Word doc)

By John Ebbert