Cybersecurity Policy Report, Consumer Watchdog Urges FTC to Back ‘Do-Not-Track’ Legislation, (Feb 4, 2013)

By Lynn Stanton

Consumer Watchdog this week urged the Federal Trade Commission to ask Congress to pass "do-not-track" (DNT) legislation because, the consumer group said, the advertising industry's "self-regulatory" effort to develop an enforceable DNT code of conduct is "dead in the water" and the World Wide Web Consortium's (W3C) DNT effort "can at best be charitably described as stalled."

In a Jan. 30 letter to FTC Chairman Jon Leibowitz, Consumer Watchdog reminded him that "almost a year ago with great fanfare in the media you said a do-not-track mechanism would be in place by the end of last year. You and your colleagues opted to rely on a self-regulatory process to implement do-not-track, but alluded to the possibility of legislation if that process failed."

The letter, signed by John Simpson, director of Consumer Watchdog's Privacy Project, cites several statements by Chairman Leibowitz to the media regarding the need for a DNT solution by year-end 2012, some of which mentioned legislation as a possibility in the absence of a voluntary solution.

"The end of the year has passed. Your words have gone largely unheeded by the advertising industry. The bully pulpit has not brought about a do-not-track standard," the letter said. "Lest your words be taken as empty threats, and given the logjam in the World Wide Web Consortium process, the time for decisive action by the FTC has arrived."

The letter noted that Sen. John D. (Jay) Rockefeller IV (D., W.Va.) had introduced DNT legislation last year. "We understand he intends to reintroduce the bill this session," it said. "We call on you and the entire commission to endorse the urgent need for do-not-track legislation."

"If nothing else, the threat of legislation could be the stick that prompts a recalcitrant advertising industry to stop its foot-dragging and re-engage in real negotiations," it added.

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