Home Politics ‘Do Not Track’ Rides Again In Bill To Block Online Data Collection

‘Do Not Track’ Rides Again In Bill To Block Online Data Collection

SHARE:

Remember Do Not Track? It’s back.

Sen. Josh Hawley, R-MO, is reviving the decade old concept in proposed legislation that aims to let consumers opt out of online tracking beyond just browser-based activity.

In its original form in 2011, Do Not Track (DNT) relied on voluntary participation from browsers to respect a consumer’s desire to opt out of tracking. The idea was to insert an instruction within the HTTP header that would alert companies when consumers had denied permission to track their activity.

After years of back and forth, the initiative effectively fell apart at the feet of the tech and advertising lobby. Millions of people have Do Not Track enabled today, but most pundits agree that it doesn’t do much to protect privacy, since there’s no mechanism to require that companies comply.

But Hawley’s Do Not Track Act, if passed, would have teeth – rather than an honor system – to prohibit companies from profiling anyone who activates DNT. The full text of the bill is expected to be released on Tuesday.

The law would, according to Hawley, create a program akin to the national Do Not Call List, which allows consumers to register their phone numbers if they don’t want telemarketers to contact them. (Who those people are who actually want telemarketers to contact them is another question entirely.)

In Hawley’s view, consumers should have the right to block online companies from collecting their data “beyond what is indispensable” to the online service those companies provide.

Run afoul, and the law would impose “strict penalties.”

“Big tech companies can collect incredible amounts of deeply personal, private data from people without giving them the option to meaningfully consent,” Hawley said Monday when he first announced the bill. “They have gotten incredibly rich by employing creepy surveillance tactics on their users, but too often the extent of this data extraction is only known after a tech company irresponsibly handles the data and leaks it all over the internet.”

There’s been a groundswell of tech-skepticism in Washington, DC over the last year.

Just last month, for example, a bipartisan bill entered the Senate that would outlaw large internet companies like Facebook and Google from using deceptive design practices to manipulate users into unwittingly sharing their personal data.

Subscribe

AdExchanger Daily

Get our editors’ roundup delivered to your inbox every weekday.

The Hawley proposal is “yet another clear articulation of how consumers feel about unconsented data collection,” said Bill Simmons, co-founder and CTO of dataxu. “GDPR, CCPA and this proposal from Sen. Hawley all lead to one place: The controls must be put in the hands of consumers, not the internet companies.”

But there’s a weird little irony here, one that has always existed when the question of a universal opt-out crops up. You’ve got to track someone … in order to know not to track them.

When someone enables DNT, it sends a signal to anyone who tries to collect data that this person has opted out of data collection and data sharing across the web. But if someone uses multiple browsers, let alone more than one device, there’s no single signal, which means having to enable DNT multiple times.

“DNT would require a universal tracking ID to allow companies to know who not to track,” said Victor Wong, CEO of Thunder Experience Cloud.

But legislators also need to be careful not to be overly specific about browser implementation, Wong said, or it might lead to unintended consequences, like what happened in Korea where Internet Explorer was inadvertently written into dominant market share with the passage of legislation in the 1990s that required a specific security feature that only IE had in place.

“Legal tech monopolies can be created by poor legislation,” Wong said.

Must Read

Monopoly Man looks on at the DOJ vs. Google ad tech antitrust trial (comic).

2025: The Year Google Lost In Court And Won Anyway

From afar, it looks like Google had a rough year in antitrust court. But zoom in a bit and it becomes clear that the past year went about as well as Google could have hoped for.

Why 2025 Marked The End Of The Data Clean Room Era

A few years ago, “data clean rooms” were all the ad tech trades could talk about. Fast-forward to 2026, and maybe advertisers don’t need to know what a data clean room is after all.

The AI Search Reckoning Is Dismantling Open Web Traffic – And Publishers May Never Recover

Publishers have been losing 20%, 30% and in some cases even as much as 90% of their traffic and revenue over the past year due to the rise of zero-click AI search.

Privacy! Commerce! Connected TV! Read all about it. Subscribe to AdExchanger Newsletters

No Waiting for May – CES Is Where The TV Upfront Season Starts 

If any single event can be considered the jumping-off point for TV upfronts, it’s the Consumer Electronics Showcase (CES), which kicks off this week in Las Vegas, Nevada.

Comic: This Is Our Year

Comic: This Is Our Year

It’s been 15 years since this comic first ran in January 2011, and there’s something both quaint and timeless about it. Here’s to more (and more) transparency in 2026, and happy New Year!

From AI To SPO: The Top 10 AdExchanger Guest Columns Of 2025

The generative AI trend generated endless hot takes this year, but the ad industry also had plenty to say about growing competition between DSPs and SSPs. Here are AdExchanger’s top 10 most popular guest columns of 2025 and why they resonated.