Do Not Track Kids Act of 2013 - Amends the Children's Online Privacy Protection Act of 1998 to apply the prohibitions against collecting personal information from children to online applications and mobile applications directed to children. Establishes additional privacy protections against the collection of personal or geolocation information from children and minors.
Revises the definition of:
Requires verifiable parental consent, under specified circumstances, for the collection, use, or disclosure of personal information of a child, including certain online contact information collected in response to a specific request from a child when such information is used to contact a different child.
Prohibits, without verifiable parental consent in the case of a child or without consent of the minor in the case of a minor, an operator of a website, online service, online application, or mobile application directed to children or minors, or an operator having actual knowledge that personal information being collected is from children or minors, from: (1) using, disclosing to third parties, or compiling personal information collected from children or minors for targeted marketing purposes; and (2) collecting geolocation information in a manner that violates the regulations prescribed under this Act.
Defines a "minor" as an individual over the age of 12 and under the age of 16.
Prohibits an operator from discontinuing service provided to a child or minor on the basis of a refusal, by the child's parent or the minor, to permit the further use or maintenance in retrievable form, or future collection, of certain personal or geolocation information from such individuals, to the extent that the operator is capable of providing such service without such information.
Requires an operator of a website, online service, online application, or mobile application directed to children or minors to treat all users as children or minors for purposes of this Act, except as permitted by regulation.
Prohibits an operator of a website, online service, or such applications directed to minors from collecting personal information from minors unless such operator has adopted, and complies with, a Digital Marketing Bill of Rights for Teens that is consistent with the Fair Information Practices Principles established by this Act.
Requires the Federal Trade Commission (FTC) to promulgate regulations that require operators to implement mechanisms that permit a user to erase content submitted by such user that is publicly available through such websites, services, or applications and that contains or displays personal information of children or minors.
Sets forth enforcement provisions.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3481 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 3481
To amend the Children's Online Privacy Protection Act of 1998 to
extend, enhance, and revise the provisions relating to collection, use,
and disclosure of personal information of children, to establish
certain other protections for personal information of children and
minors, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 14, 2013
Mr. Barton (for himself, Mr. Rush, Mr. Cassidy, Mr. Farenthold, Mr.
Cohen, Ms. DeLauro, Mr. Ellison, Ms. Norton, Ms. Schakowsky, Mr.
Tierney, and Ms. Tsongas) introduced the following bill; which was
referred to the Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To amend the Children's Online Privacy Protection Act of 1998 to
extend, enhance, and revise the provisions relating to collection, use,
and disclosure of personal information of children, to establish
certain other protections for personal information of children and
minors, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Do Not Track Kids Act of 2013''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Since the enactment of the Children's Online Privacy
Protection Act of 1998, the World Wide Web has changed
dramatically, with the creation of tens of millions of
websites, the proliferation of entirely new media platforms,
and the emergence of a diverse ecosystem of services, devices,
and applications that enable users to connect wirelessly within
an online environment without being tethered to a desktop
computer.
(2) The explosive growth of the Internet ecosystem has
unleashed a wide array of opportunities to learn, communicate,
participate in civic life, access entertainment, and engage in
commerce.
(3) In addition to these significant benefits, the Internet
also presents challenges, particularly with respect to the
efforts of entities to track the online activities of children
and minors and to collect, use, and disclose personal
information about them, including their geolocation, for
commercial purposes.
(4) Children and teens are visiting numerous companies'
websites, and marketers are using multimedia games, online
quizzes, and mobile phone and tablet applications to create
ties to children and teens.
(5) According to a study by the Wall Street Journal in
2010, websites directed to children and teens were more likely
to use cookies and other tracking tools than sites directed to
a general audience.
(6) This study examined 50 popular websites for children
and teens in the United States and found that these 50 sites
placed 4,123 cookies, beacons, and other tracking tools on the
test computer used for the study.
(7) This is 30 percent greater than the number of such
tracking tools that were placed on the test computer in a
similar study of the 50 overall most popular websites in the
United States, which are generally directed to adults.
(8) Children and teens lack the cognitive ability to
distinguish advertising from program content and to understand
that the purpose of advertising is to persuade them, making
them unable to activate the defenses on which adults rely.
(9) Children and teens are less able than adults to
understand the potential long-term consequences of having their
information available to third parties, including advertisers,
and other individuals.
(10) According to Common Sense Media and the Center for
Digital Democracy, 90 percent of teens have used some form of
social media, 75 percent have a social networking site, and 51
percent check their social networking site at least once a day.
(11) Ninety-one percent of parents and 91 percent of adults
believe it is not okay for advertisers to collect information
about a child's location from that child's mobile phone.
(12) Ninety-four percent of parents and 91 percent of
adults agree that advertisers should receive the parent's
permission before putting tracking software on a child's
computer.
(13) Ninety-six percent of parents and 94 percent of adults
expressed disapproval when asked if it is ``okay for a website
to ask children for personal information about their friends''.
(14) Eighty-eight percent of parents would support a law
that requires search engines and social networking sites to get
users' permission before using their personal information.
(15) A Commonsense Media/Zogby poll found that 94 percent
of parents and 94 percent of adults believe individuals should
have the ability to request the deletion, after a specific
period of time, of all of their personal information held by an
online search engine, social networking site, or marketing
company.
(16) According to a Pew/Berkman Center poll, 69 percent of
parents of teens who engage in online activity are concerned
about how such activity might affect their children's future
academic or employment opportunities.
(17) Eighty-one percent of parents of teens who engage in
online activity say they are concerned about how much
information advertisers can learn about their children's online
activity.
SEC. 3. ONLINE COLLECTION, USE, AND DISCLOSURE OF PERSONAL INFORMATION
OF CHILDREN.
(a) Definitions.--Section 1302 of the Children's Online Privacy
Protection Act of 1998 (15 U.S.C. 6501) is amended--
(1) by amending paragraph (2) to read as follows:
``(2) Operator.--The term `operator'--
``(A) means any person who, for commercial
purposes, in interstate or foreign commerce, operates
or provides a website on the Internet, online service,
online application, or mobile application, and who--
``(i) collects or maintains, either
directly or through a service provider,
personal information from or about the users of
such website, service, or application;
``(ii) allows another person to collect
personal information directly from users of
such website, service, or application (in which
case the operator is deemed to have collected
the information); or
``(iii) allows users of such website,
service, or application to publicly disclose
personal information (in which case the
operator is deemed to have collected the
information); and
``(B) does not include any nonprofit entity that
would otherwise be exempt from coverage under section 5
of the Federal Trade Commission Act (15 U.S.C. 45).'';
(2) in paragraph (4)--
(A) by amending subparagraph (A) to read as
follows:
``(A) the release of personal information for any
purpose, except where such information is provided to a
person other than an operator who provides support for
the internal operations of the website, online service,
online application, or mobile application of the
operator and does not disclose or use that information
for any other purpose; and''; and
(B) in subparagraph (B), by striking ``website or
online service'' and inserting ``website, online
service, online application, or mobile application'';
(3) in paragraph (8)--
(A) by amending subparagraph (G) to read as
follows:
``(G) information concerning a child or the parents
of that child (including any unique or substantially
unique identifier, such as a customer number) that an
operator collects online from the child and combines
with an identifier described in subparagraphs (A)
through (G).'';
(B) by redesignating subparagraphs (F) and (G) as
subparagraphs (G) and (H), respectively; and
(C) by inserting after subparagraph (E) the
following new subparagraph:
``(F) information (including an Internet protocol
address) that permits the identification of an
individual, the computer of an individual, or any other
device used by an individual to access the Internet or
an online service, online application, or mobile
application;'';
(4) by striking paragraph (10) and redesignating paragraphs
(11) and (12) as paragraphs (10) and (11), respectively; and
(5) by adding at the end the following new paragraph:
``(12) Online, online service, online application, mobile
application, directed to children.--The terms `online', `online
service', `online application', `mobile application', and
`directed to children' shall have the meanings given them by
the Commission by regulation. Not later than 1 year after the
date of the enactment of the Do Not Track Kids Act of 2013, the
Commission shall promulgate, under section 553 of title 5,
United States Code, regulations that define such terms broadly
enough so that they are not limited to current technology,
consistent with the principles articulated by the Commission
regarding the definition of the term `Internet' in its
statement of basis and purpose on the final rule under this
title promulgated on November 3, 1999 (64 Fed. Reg. 59891). The
definition of the term `online service' in such regulations
shall include broadband Internet access service (as defined in
the Report and Order of the Federal Communications Commission
relating to the matter of preserving the open Internet and
broadband industry practices (FCC 10-201, adopted by the
Commission on December 21, 2010)).''.
(b) Online Collection, Use, and Disclosure of Personal Information
of Children.--Section 1303 of the Children's Online Privacy Protection
Act of 1998 (15 U.S.C. 6502) is amended--
(1) by striking the heading and inserting the following:
``online collection, use, and disclosure of personal
information of children.'';
(2) in subsection (a)--
(A) by amending paragraph (1) to read as follows:
``(1) In general.--It is unlawful for an operator of a
website, online service, online application, or mobile
application directed to children, or an operator having actual
knowledge that personal information being collected is from a
child, to collect personal information from a child in a manner
that violates the regulations prescribed under subsection
(b).''; and
(B) in paragraph (2)--
(i) by striking ``of such a website or
online service''; and
(ii) by striking ``subsection
(b)(1)(B)(iii)'' and inserting ``subsection
(b)(1)(C)(iii)''; and
(3) in subsection (b)--
(A) by amending paragraph (1) to read as follows:
``(1) In general.--Not later than 1 year after the date of
the enactment of the Do Not Track Kids Act of 2013, the
Commission shall promulgate, under section 553 of title 5,
United States Code, regulations to require an operator of a
website, online service, online application, or mobile
application directed to children, or an operator having actual
knowledge that personal information being collected is from a
child--
``(A) to provide clear and conspicuous notice in
clear and plain language of the types of personal
information the operator collects, how the operator
uses such information, whether the operator discloses
such information, and the procedures or mechanisms the
operator uses to ensure that personal information is
not collected from children except in accordance with
the regulations promulgated under this paragraph;
``(B) to obtain verifiable parental consent for the
collection, use, or disclosure of personal information
of a child;
``(C) to provide to a parent whose child has
provided personal information to the operator, upon
request by and proper identification of the parent--
``(i) a description of the specific types
of personal information collected from the
child by the operator;
``(ii) the opportunity at any time to
refuse to permit the further use or maintenance
in retrievable form, or future collection, by
the operator of personal information collected
from the child; and
``(iii) a means that is reasonable under
the circumstances for the parent to obtain any
personal information collected from the child,
if such information is available to the
operator at the time the parent makes the
request;
``(D) not to condition participation in a game, or
use of a website, service, or application, by a child
on the provision by the child of more personal
information than is reasonably required to participate
in the game or use the website, service, or
application; and
``(E) to establish and maintain reasonable
procedures to protect the confidentiality, security,
and integrity of personal information collected from
children.'';
(B) in paragraph (2)--
(i) in the matter preceding subparagraph
(A), by striking ``paragraph (1)(A)(ii)'' and
inserting ``paragraph (1)(B)''; and
(ii) in subparagraph (A), by inserting ``or
to contact a different child'' after ``to
recontact the child'';
(C) by amending paragraph (3) to read as follows:
``(3) Continuation of service.--The regulations shall
prohibit an operator from discontinuing service provided to a
child on the basis of refusal by the parent of the child, under
the regulations prescribed under paragraph (1)(C)(ii), to
permit the further use or maintenance in retrievable form, or
future collection, by the operator of personal information
collected from the child, to the extent that the operator is
capable of providing such service without such information.'';
and
(D) by adding at the end the following:
``(4) Rule for treatment of users of websites, services,
and applications directed to children.--An operator of a
website, online service, online application, or mobile
application that is directed to children shall treat all users
of such website, service, or application as children for
purposes of this title, except as permitted by the Commission
by a regulation promulgated under this title.''.
(c) Administration and Applicability of Act.--Section 1306 of the
Children's Online Privacy Protection Act of 1998 (15 U.S.C. 6505) is
amended--
(1) in subsection (b)--
(A) in paragraph (1), by striking ``, in the case
of'' and all that follows and inserting the following:
``by the appropriate Federal banking agency with
respect to any insured depository institution (as such
terms are defined in section 3 of such Act (12 U.S.C.
1813));''; and
(B) by striking paragraph (2) and redesignating
paragraphs (3) through (6) as paragraphs (2) through
(5), respectively; and
(2) by adding at the end the following new subsection:
``(f) Telecommunications Carriers and Cable Operators.--
``(1) Enforcement by ftc.--Notwithstanding section 5(a)(2)
of the Federal Trade Commission Act (15 U.S.C. 45(a)(2)),
compliance with the requirements imposed under this title shall
be enforced by the Commission with respect to any
telecommunications carrier (as defined in section 3 of the
Communications Act of 1934 (47 U.S.C. 153)).
``(2) Relationship to other law.--To the extent that
sections 222, 338(i), and 631 of the Communications Act of 1934
(47 U.S.C. 222; 338(i); 551) are inconsistent with this title,
this title controls.''.
SEC. 4. TARGETED MARKETING TO CHILDREN OR MINORS.
(a) Acts Prohibited.--It is unlawful for--
(1) an operator of a website, online service, online
application, or mobile application directed to children, or an
operator having actual knowledge that personal information
being collected is from a child, to use, disclose to third
parties, or compile personal information for targeted marketing
purposes without verifiable parental consent; or
(2) an operator of a website, online service, online
application, or mobile application directed to minors, or an
operator having actual knowledge that personal information
being collected is from a minor, to use, disclose to third
parties, or compile personal information for targeted marketing
purposes without the consent of the minor.
(b) Regulations.--Not later than 1 year after the date of the
enactment of this Act, the Commission shall promulgate, under section
553 of title 5, United States Code, regulations to implement this
section.
SEC. 5. DIGITAL MARKETING BILL OF RIGHTS FOR TEENS AND FAIR INFORMATION
PRACTICES PRINCIPLES.
(a) Acts Prohibited.--It is unlawful for an operator of a website,
online service, online application, or mobile application directed to
minors, or an operator having actual knowledge that personal
information being collected is from a minor, to collect personal
information from a minor unless such operator has adopted and complies
with a Digital Marketing Bill of Rights for Teens that is consistent
with the Fair Information Practices Principles described in subsection
(b).
(b) Fair Information Practices Principles.--The Fair Information
Practices Principles described in this subsection are the following:
(1) Collection limitation principle.--Except as provided in
paragraph (3), personal information should be collected from a
minor only when collection of the personal information is--
(A) consistent with the context of a particular
transaction or service or the relationship of the minor
with the operator, including collection necessary to
fulfill a transaction or provide a service requested by
the minor; or
(B) required or specifically authorized by law.
(2) Data quality principle.--The personal information of a
minor should be accurate, complete, and kept up-to-date to the
extent necessary to fulfill the purposes described in
subparagraphs (A) through (D) of paragraph (3).
(3) Purpose specification principle.--The purposes for
which personal information is collected should be specified to
the minor not later than at the time of the collection of the
information. The subsequent use or disclosure of the
information should be limited to--
(A) fulfillment of the transaction or service
requested by the minor;
(B) support for the internal operations of the
website, service, or application, as described in
section 312.2 of title 16, Code of Federal Regulations;
(C) compliance with legal process or other purposes
expressly authorized under specific legal authority; or
(D) other purposes--
(i) that are specified in a notice to the
minor; and
(ii) to which the minor has consented under
paragraph (7) before the information is used or
disclosed for such other purposes.
(4) Retention limitation principle.--The personal
information of a minor should not be retained for longer than
is necessary to fulfill a transaction or provide a service
requested by the minor or such other purposes specified in
subparagraphs (A) through (D) of paragraph (3). The operator
should implement a reasonable and appropriate data disposal
policy based on the nature and sensitivity of such personal
information.
(5) Security safeguards principle.--The personal
information of a minor should be protected by reasonable and
appropriate security safeguards against risks such as loss or
unauthorized access, destruction, use, modification, or
disclosure.
(6) Openness principle.--
(A) In general.--The operator should maintain a
general policy of openness about developments,
practices, and policies with respect to the personal
information of a minor. The operator should provide
each minor using the website, online service, online
application, or mobile application of the operator with
a clear and prominent means to do the following:
(i) Identify and contact the operator. At
minimum, the operator should disclose, clearly
and prominently, the identity of the operator
and--
(I) in the case of an operator who
is an individual, the address of the
principal residence of the operator and
an email address and telephone number
for the operator; or
(II) in the case of any other
operator, the address of the principal
place of business of the operator and
an email address and telephone number
for the operator.
(ii) Determine whether the operator
possesses any personal information of the
minor, the nature of any such information, and
the purposes for which the information was
collected and is being retained.
(iii) Obtain any personal information of
the minor that is in the possession of the
operator from the operator, or from a person
specified by the operator, within a reasonable
time after making a request, at a charge (if
any) that is not excessive, in a reasonable
manner, and in a form that is readily
intelligible to the minor.
(iv) Challenge the accuracy of personal
information of the minor that is in the
possession of the operator.
(v) If the minor establishes the inaccuracy
of personal information in a challenge under
clause (iv), have such information erased,
corrected, completed, or otherwise amended.
(B) Limitation.--Nothing in this paragraph shall be
construed to permit an operator to erase or otherwise
modify personal information requested by a law
enforcement agency pursuant to legal authority.
(7) Individual participation principle.--The operator
should--
(A) obtain consent from a minor before using or
disclosing the personal information of the minor for
any purpose other than those described in subparagraphs
(A) through (C) of paragraph (3); and
(B) obtain affirmative express consent from a minor
before using or disclosing previously collected
personal information of the minor for purposes that
constitute a material change in practice from the
original purposes specified to the minor under
paragraph (3).
(c) Regulations.--Not later than 1 year after the date of the
enactment of this Act, the Commission shall promulgate, under section
553 of title 5, United States Code, regulations to implement this
section, including regulations further defining the Fair Information
Practices Principles described in subsection (b).
SEC. 6. ONLINE COLLECTION OF GEOLOCATION INFORMATION OF CHILDREN AND
MINORS.
(a) Acts Prohibited.--
(1) In general.--It is unlawful for an operator of a
website, online service, online application, or mobile
application directed to children or minors, or an operator
having actual knowledge that geolocation information being
collected is from a child or minor, to collect geolocation
information from a child or minor in a manner that violates the
regulations prescribed under subsection (b).
(2) Disclosure to parent or minor protected.--
Notwithstanding paragraph (1), neither an operator nor the
operator's agent shall be held to be liable under any Federal
or State law for any disclosure made in good faith and
following reasonable procedures in responding to a request for
disclosure of geolocation information under subparagraph
(C)(ii)(III) or (D)(ii)(III) of subsection (b)(1).
(b) Regulations.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, the Commission shall promulgate,
under section 553 of title 5, United States Code, regulations
that require an operator of a website, online service, online
application, or mobile application directed to children or
minors, or an operator having actual knowledge that geolocation
information being collected is from a child or minor--
(A) to provide clear and conspicuous notice in
clear and plain language of any geolocation information
the operator collects, how the operator uses such
information, and whether the operator discloses such
information;
(B) to establish procedures or mechanisms to ensure
that geolocation information is not collected from
children or minors except in accordance with
regulations promulgated under this paragraph;
(C) in the case of collection of geolocation
information from a child--
(i) prior to collecting such information,
to obtain verifiable parental consent; and
(ii) after collecting such information, to
provide to the parent of the child, upon
request by and proper identification of the
parent--
(I) a description of the
geolocation information collected from
the child by the operator;
(II) the opportunity at any time to
refuse to permit the further use or
maintenance in retrievable form, or
future collection, by the operator of
geolocation information from the child;
and
(III) a means that is reasonable
under the circumstances for the parent
to obtain any geolocation information
collected from the child, if such
information is available to the
operator at the time the parent makes
the request; and
(D) in the case of collection of geolocation
information from a minor--
(i) prior to collecting such information,
to obtain affirmative express consent from such
minor; and
(ii) after collecting such information, to
provide to the minor, upon request--
(I) a description of the
geolocation information collected from
the minor by the operator;
(II) the opportunity at any time to
refuse to permit the further use or
maintenance in retrievable form, or
future collection, by the operator of
geolocation information from the minor;
and
(III) a means that is reasonable
under the circumstances for the minor
to obtain any geolocation information
collected from the minor, if such
information is available to the
operator at the time the minor makes
the request.
(2) When consent not required.--The regulations promulgated
under paragraph (1) shall provide that verifiable parental
consent under subparagraph (C)(i) of such paragraph or
affirmative express consent under subparagraph (D)(i) of such
paragraph is not required when the collection of the
geolocation information of a child or minor is necessary, to
the extent permitted under other provisions of law, to provide
information to law enforcement agencies or for an investigation
on a matter related to public safety.
(3) Continuation of service.--The regulations promulgated
under paragraph (1) shall prohibit an operator from
discontinuing service provided to--
(A) a child on the basis of refusal by the parent
of the child, under subparagraph (C)(ii)(II) of such
paragraph, to permit the further use or maintenance in
retrievable form, or future online collection, of
geolocation information from the child by the operator,
to the extent that the operator is capable of providing
such service without such information; or
(B) a minor on the basis of refusal by the minor,
under subparagraph (D)(ii)(II) of such paragraph, to
permit the further use or maintenance in retrievable
form, or future online collection, of geolocation
information from the minor by the operator, to the
extent that the operator is capable of providing such
service without such information.
(c) Inconsistent State Law.--No State or local government may
impose any liability for commercial activities or actions by operators
in interstate or foreign commerce in connection with an activity or
action described in this section that is inconsistent with the
treatment of those activities or actions under this section.
SEC. 7. REMOVAL OF CONTENT.
(a) Acts Prohibited.--It is unlawful for an operator of a website,
online service, online application, or mobile application to make
publicly available through the website, service, or application content
or information that contains or displays personal information of
children or minors in a manner that violates the regulations prescribed
under subsection (b).
(b) Regulations.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, the Commission shall promulgate,
under section 553 of title 5, United States Code, regulations
that require an operator--
(A) to the extent technologically feasible, to
implement mechanisms that permit a user of the website,
service, or application of the operator to erase or
otherwise eliminate content or information submitted to
the website, service, or application by such user that
is publicly available through the website, service, or
application and contains or displays personal
information of children or minors; and
(B) to take appropriate steps to make users aware
of such mechanisms and to provide notice to users that
such mechanisms do not necessarily provide
comprehensive removal of the content or information
submitted by such users.
(2) Exception.--The regulations promulgated under paragraph
(1) may not require an operator or third party to erase or
otherwise eliminate content or information that--
(A) any other provision of Federal or State law
requires the operator or third party to maintain; or
(B) was submitted to the website, service, or
application of the operator by any person other than
the user who is attempting to erase or otherwise
eliminate such content or information, including
content or information submitted by such user that was
republished or resubmitted by another person.
(3) Limitation.--Nothing in this section shall be construed
to limit the authority of a law enforcement agency to obtain
any content or information from an operator as authorized by
law or pursuant to an order of a court of competent
jurisdiction.
SEC. 8. ENFORCEMENT AND APPLICABILITY.
(a) Enforcement by the Commission.--
(1) In general.--Except as otherwise provided, this Act and
the regulations prescribed under this Act shall be enforced by
the Commission under the Federal Trade Commission Act (15
U.S.C. 41 et seq.).
(2) Unfair or deceptive acts or practices.--Subject to
subsection (b), a violation of this Act or a regulation
prescribed under this Act shall be treated as a violation of a
rule defining an unfair or deceptive act or practice prescribed
under section 18(a)(1)(B) of the Federal Trade Commission Act
(15 U.S.C. 57a(a)(1)(B)).
(3) Actions by the commission.--Subject to subsection (b),
and except as provided in subsection (d)(1), the Commission
shall prevent any person from violating this Act or a
regulation prescribed under this Act in the same manner, by the
same means, and with the same jurisdiction, powers, and duties
as though all applicable terms and provisions of the Federal
Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated
into and made a part of this Act, and any person who violates
this Act or such regulation shall be subject to the penalties
and entitled to the privileges and immunities provided in the
Federal Trade Commission Act.
(b) Enforcement by Certain Other Agencies.--Notwithstanding
subsection (a), compliance with the requirements imposed under this Act
shall be enforced as follows:
(1) Under section 8 of the Federal Deposit Insurance Act
(12 U.S.C. 1818) by the appropriate Federal banking agency,
with respect to an insured depository institution (as such
terms are defined in section 3 of such Act (12 U.S.C. 1813)).
(2) Under the Federal Credit Union Act (12 U.S.C. 1751 et
seq.) by the National Credit Union Administration Board, with
respect to any Federal credit union.
(3) Under part A of subtitle VII of title 49, United States
Code, by the Secretary of Transportation, with respect to any
air carrier or foreign air carrier subject to such part.
(4) Under the Packers and Stockyards Act, 1921 (7 U.S.C.
181 et seq.) (except as provided in section 406 of such Act (7
U.S.C. 226; 227)) by the Secretary of Agriculture, with respect
to any activities subject to such Act.
(5) Under the Farm Credit Act of 1971 (12 U.S.C. 2001 et
seq.) by the Farm Credit Administration, with respect to any
Federal land bank, Federal land bank association, Federal
intermediate credit bank, or production credit association.
(c) Enforcement by State Attorneys General.--
(1) In general.--
(A) Civil actions.--In any case in which the
attorney general of a State has reason to believe that
an interest of the residents of that State has been or
is threatened or adversely affected by the engagement
of any person in a practice that violates this Act or a
regulation prescribed under this Act, the State, as
parens patriae, may bring a civil action on behalf of
the residents of the State in a district court of the
United States of appropriate jurisdiction to--
(i) enjoin that practice;
(ii) enforce compliance with this Act or
such regulation;
(iii) obtain damages, restitution, or other
compensation on behalf of residents of the
State; or
(iv) obtain such other relief as the court
may consider to be appropriate.
(B) Notice.--
(i) In general.--Before filing an action
under subparagraph (A), the attorney general of
the State involved shall provide to the
Commission--
(I) written notice of that action;
and
(II) a copy of the complaint for
that action.
(ii) Exemption.--
(I) In general.--Clause (i) shall
not apply with respect to the filing of
an action by an attorney general of a
State under this paragraph, if the
attorney general determines that it is
not feasible to provide the notice
described in that clause before the
filing of the action.
(II) Notification.--In an action
described in subclause (I), the
attorney general of a State shall
provide notice and a copy of the
complaint to the Commission at the same
time as the attorney general files the
action.
(2) Intervention.--
(A) In general.--On receiving notice under
paragraph (1)(B), the Commission shall have the right
to intervene in the action that is the subject of the
notice.
(B) Effect of intervention.--If the Commission
intervenes in an action under paragraph (1), it shall
have the right--
(i) to be heard with respect to any matter
that arises in that action; and
(ii) to file a petition for appeal.
(3) Construction.--For purposes of bringing any civil
action under paragraph (1), nothing in this Act shall be
construed to prevent an attorney general of a State from
exercising the powers conferred on the attorney general by the
laws of that State to--
(A) conduct investigations;
(B) administer oaths or affirmations; or
(C) compel the attendance of witnesses or the
production of documentary and other evidence.
(4) Actions by the commission.--In any case in which an
action is instituted by or on behalf of the Commission for
violation of this Act or a regulation prescribed under this
Act, no State may, during the pendency of that action,
institute an action under paragraph (1) against any defendant
named in the complaint in the action instituted by or on behalf
of the Commission for that violation.
(5) Venue; service of process.--
(A) Venue.--Any action brought under paragraph (1)
may be brought in the district court of the United
States that meets applicable requirements relating to
venue under section 1391 of title 28, United States
Code.
(B) Service of process.--In an action brought under
paragraph (1), process may be served in any district in
which the defendant--
(i) is an inhabitant; or
(ii) may be found.
(d) Telecommunications Carriers and Cable Operators.--
(1) Enforcement by ftc.--Notwithstanding section 5(a)(2) of
the Federal Trade Commission Act (15 U.S.C. 45(a)(2)),
compliance with the requirements imposed under this Act shall
be enforced by the Commission with respect to any
telecommunications carrier (as defined in section 3 of the
Communications Act of 1934 (47 U.S.C. 153)).
(2) Relationship to other law.--To the extent that sections
222, 338(i), and 631 of the Communications Act of 1934 (47
U.S.C. 222; 338(i); 551) are inconsistent with this Act, this
Act controls.
SEC. 9. RULE FOR TREATMENT OF USERS OF WEBSITES, SERVICES, AND
APPLICATIONS DIRECTED TO CHILDREN OR MINORS.
An operator of a website, online service, online application, or
mobile application that is directed to children or minors shall treat
all users of such website, service, or application as children or
minors (as the case may be) for purposes of this Act, except as
permitted by the Commission by a regulation promulgated under this Act.
SEC. 10. DEFINITIONS.
(a) In General.--In this Act:
(1) Minor.--The term ``minor'' means an individual over the
age of 12 and under the age of 16.
(2) Targeted marketing.--The term ``targeted marketing''
means advertising or other efforts to market a product or
service that are directed to a specific individual or device--
(A) based on the personal information of the
individual or a unique identifier of the device; and
(B) as a result of use by the individual, or access
by the device, of a website, online service, online
application, or mobile application.
(b) Terms Defined by Commission.--In this Act, the terms ``directed
to minors'' and ``geolocation information'' shall have the meanings
given such terms by the Commission by regulation. Not later than 1 year
after the date of the enactment of this Act, the Commission shall
promulgate, under section 553 of title 5, United States Code,
regulations that define such terms broadly enough so that they are not
limited to current technology, consistent with the principles
articulated by the Commission regarding the definition of the term
``Internet'' in its statement of basis and purpose on the final rule
under the Children's Online Privacy Protection Act of 1998 (15 U.S.C.
6501 et seq.) promulgated on November 3, 1999 (64 Fed. Reg. 59891).
(c) Other Definitions.--The definitions set forth in section 1302
of the Children's Online Privacy Protection Act of 1998 (15 U.S.C.
6501), as amended by section 3(a), shall apply in this Act, except to
the extent the Commission provides otherwise by regulations issued
under section 553 of title 5, United States Code.
SEC. 11. EFFECTIVE DATES.
(a) In General.--Except as provided in subsections (b) and (c),
this Act and the amendments made by this Act shall take effect on the
date that is 1 year after the date of the enactment of this Act.
(b) Authority To Promulgate Regulations.--The following shall take
effect on the date of the enactment of this Act:
(1) The amendments made by subsections (a)(5) and (b)(3)(A)
of section 3.
(2) Sections 4(b), 5(c), 6(b), and 7(b).
(3) Subsections (b) and (c) of section 10.
(c) Digital Marketing Bill of Rights for Teens.--Section 5, except
for subsection (c) of such section, shall take effect on the date that
is 180 days after the promulgation of regulations under such
subsection.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Energy and Commerce.
Referred to the Subcommittee on Communications and Technology.
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