The Banning Surveillance Advertising Act of 2023 would prohibit advertisers and advertising platforms from using personal data to target ads to individual users. The law would ban the practice of using personal information such as browsing history, location data, unique identifiers, and contact information to direct advertisements to specific people or devices. The bill does allow "contextual advertising," where ads are shown based on the content a person is currently viewing or searching for, but companies cannot save that information to target future ads. The Federal Trade Commission would enforce the law, with authority to issue regulations and penalties, and individuals harmed by violations could sue in court for damages ranging from $100 to $5,000 per violation depending on whether the violation was negligent or intentional. State attorneys general could also bring enforcement actions on behalf of residents.
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