Senator Jay Rockefeller, a West Virginia Democrat, has sponsored Do Not Track legislation that would mandate opt-outs for web and mobile behavioral tracking.
The Do Not Track Online Act of 2011 would require the Federal Trade Commission to create requirementss for a Do Not Track process. The FTC would also be responsible for penalizing companies that violate the opt-out preferences consumers'. According to the bill, collection of consumer information “necessary to provide a service requested by the individual” would still be allowed.
The proposal would also allow the states to prosecute companies that violate consumers' preferences. Fines could reach $16,000 per day with total penalties up to $15 million.