Consumer Online Privacy and Disclosure Act
Latest action (31 Jan 2001): Introduced
What this bill does
H.R. 347, the Consumer Online Privacy and Disclosure Act, would direct the Federal Trade Commission to write regulations governing how operators of commercial websites and online services collect, use, and disclose personal information about individuals age 13 and older. Operators would have to post clear notice describing what information they collect, how it is used, and what may be shared or sold; provide a simple online opt-out process for uses unrelated to the original purpose of collection; disclose what information is shared with third parties; obtain opt-in consent before allowing third parties to attach tracking cookies for building personal profiles; and refrain from selling transactional information to satisfy creditors if the operator becomes insolvent, without the individual's permission.
The bill mainly affects operators of commercial websites and online services engaged in interstate or foreign commerce, and internet users whose personal information is collected. Violations would be treated as unfair or deceptive practices under FTC law, enforceable by the FTC, by certain federal banking, transportation, agriculture, and credit regulators for entities they oversee, by state attorneys general (with notice to the FTC), and through a private right of action allowing individuals to sue for actual damages or statutory damages up to $50,000, with possible treble damages for willful violations.
The bill was introduced in the House on January 31, 2001, and referred to the Committee on Energy and Commerce. It did not receive a vote and did not advance further in the 107th Congress.
Plain-English summary generated by Bill100 AI from the official record. Always verify against the source below.
Official summary
Consumer Online Privacy and Disclosure Act - Makes it unlawful for an operator of a Web site or online service to collect, use, or disclose personal information concerning an individual (age 13 and above) in a manner that violates regulations to be prescribed by the Federal Trade Commission (FTC) requiring such operators to protect the confidentiality, security, and integrity of personal information it collects from such individuals. Prohibits any Web site or Internet service provider (ISP) from: (1) correlating IPS address information with personal information, absent a pre-existing business relationship; (2) allowing a third party to attach a persistent cookie (Internet activity tracker) as a means of developing a personal profile on an individual, without allowing the individual to opt-out of such attachment; or (3) selling transactional information as a means to satisfy creditors. Requires such regulations to require such operators to provide a process for such individuals to opt-out of the disclosure of such information.Authorizes the States to enforce such regulations by bringing actions on behalf of residents.Provides for enforcement of this Act through the Federal Trade Commission Act.Provides a private right of action for enforcement of this Act.
Common questions
- What does H.R. 347 do?
- H.R. 347, the Consumer Online Privacy and Disclosure Act, would direct the Federal Trade Commission to write regulations governing how operators of commercial websites and online services collect, use, and disclose personal information about individuals age 13 and older. Operators would have to post clear notice describing what information they collect, how it is used, and what may be shared or sold; provide a simple online opt-out process for uses unrelated to the original purpose of collection; disclose what information is shared with third parties; obtain opt-in consent before allowing third parties to attach tracking cookies for building personal profiles; and refrain from selling transactional information to satisfy creditors if the operator becomes insolvent, without the individual's permission. The bill mainly affects operators of commercial websites and online services engaged in interstate or foreign commerce, and internet users whose personal information is collected. Violations would be treated as unfair or deceptive practices under FTC law, enforceable by the FTC, by certain federal banking, transportation, agriculture, and credit regulators for entities they oversee, by state attorneys general (with notice to the FTC), and through a private right of action allowing individuals to sue for actual damages or statutory damages up to $50,000, with possible treble damages for willful violations. The bill was introduced in the House on January 31, 2001, and referred to the Committee on Energy and Commerce. It did not receive a vote and did not advance further in the 107th Congress.
- Has H.R. 347 become law?
- Not yet. As of 31 Jan 2001, H.R. 347 is introduced.
- Who sponsored H.R. 347?
- H.R. 347 was sponsored by Rep. Gene Green [D-TX29, 1993-2018] (Democrat-TX), with 3 cosponsors.
- What's the latest action on H.R. 347?
- Introduced (31 Jan 2001).
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