US FederalCan a website sell my browsing history to advertisers without my knowledge?
Yes, federal law generally allows websites to sell your browsing history to advertisers without your knowledge, because the Electronic Communications Privacy Act does not prohibit this type of data collection or sale when it occurs on a website you voluntarily use.
What the Law Says
The primary federal law cited — the Electronic Communications Privacy Act (ECPA) — prohibits unauthorized 'interception' of communications, but courts have consistently ruled that collecting browsing data from a user’s own device or browser (e.g., via cookies or pixels) is not 'interception' under the statute.
18 U.S.C. § 2511 makes it illegal to intentionally intercept, endeavor to intercept, or procure any other person to intercept or endeavor to intercept any wire, oral, or electronic communication.
However, this law was designed to prevent real-time eavesdropping — like wiretapping phone calls — not the passive collection of browsing behavior after a user has navigated to a site.
Courts interpret 'interception' narrowly: it must occur contemporaneously with transmission. Since browsing history is typically collected after the fact (e.g., via server logs or client-side scripts), it falls outside § 2511’s scope.
No federal privacy law currently requires websites to obtain consent before selling browsing history — though some states (like California under the CCPA) do impose such requirements.
Statutory TextExcept as otherwise specifically provided in this chapter, it is unlawful for any person to intentionally intercept, endeavor to intercept, or procure any other person to intercept or endeavor to intercept, any wire, oral, or electronic communication.
— 18 U.S.C. § 2511(1)(a) — Interception and disclosure prohibited
What to Do
Check the website’s privacy policy — it may disclose data-sharing practices.
Use browser tools (e.g., ad blockers, tracker blockers, or 'Do Not Track' settings) to limit collection.
Opt out of targeted advertising through industry programs like the Digital Advertising Alliance (DAA).
If in California, exercise rights under the CCPA/CPRA to know, delete, and opt out of sales of personal information.
Support or advocate for federal privacy legislation — no comprehensive federal law currently bans the practice.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.