On February 10, 2011, Representative Bobby Rush (D-Ill.) re-introduced the BEST PRACTICES Act (H.R. 611), which aims to provide consumers with meaningful choices about the collection, use and disclosure of their personal information. As we reported last year, Rush initially introduced the BEST PRACTICES Act in July 2010. H.R. 611 contains no substantive changes to the original legislation (H.R. 5777), and does not include a Do Not Track mechanism.

In a press release issued today, Rush stated that he does not oppose Do Not Track, contending that “[i]n fact, in order for companies to qualify under the FTC Safe Harbor program contained in my bill, they would have to set up a ‘Do-Not-Track like’ mechanism for consumers to allow them to opt-out of having the personal information they provide, both online and offline, to third parties.” Rush further emphasized that the Act “would actually provide a sufficient mix of incentives for businesses not only to act in a more transparent manner with consumers but also to innovate and experiment with new business models, develop and provide products and services, including privacy protection tools and solutions, and to continue to offer relevant content and advertising to consumers who seek it.”