House Energy and Commerce Committee Hold Privacy Hearing: On December 2, 2010, the House Energy and Commerce Committee held a hearing to address whether to write legislation to mandate a “Do Not Track” mechanism as discussed in the FTC report. The Commission testified about the “Do Not Track” option, which it called the “most practical way” to provide consumers with choices about online behavioral advertising. The Commission stressed that Do Not Track legislation, if enacted, should not “undermine the benefits online behavioral advertising provides consumers” or require maintenance of a distinct registry of users. The Commission also urged Congress to give it rulemaking authority and the ability to fine violators.

On a related issue, on the heels of the release of the FTC report, Senator John Kerry announced on December 1, 2010, that he would introduce privacy legislation in early 2011.