Sec. 3. Online collection, use, and disclosure of personal information of children

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Section 1302 of the Children’s Online Privacy Protection Act of 1998 ( 15 U.S.C. 6501 ) is amended— by amending paragraph

(2)to read as follows: The term operator — 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— collects or maintains, either directly or through a service provider, personal information from or about the users of such website, service, or application; 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 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 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 ). ; in paragraph (4)— by amending subparagraph

(A)to read as follows: 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 in subparagraph (B), by striking website or online service and inserting website, online service, online application, or mobile application ; in paragraph (8)— by amending subparagraph

(G)to read as follows: 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). ; by redesignating subparagraphs

(F)and

(G)as subparagraphs

(G)and (H), respectively; and by inserting after subparagraph

(E)the following new subparagraph: 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; ; by striking paragraph

(10)and redesignating paragraphs

(11)and

(12)as paragraphs

(10)and (11), respectively; and by adding at the end the following new paragraph: 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)). . Section 1303 of the Children’s Online Privacy Protection Act of 1998 ( 15 U.S.C. 6502 ) is amended— by striking the heading and inserting the following: ; Online collection, use, and disclosure of personal information of children. in subsection (a)— by amending paragraph

(1)to read as follows: 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 in paragraph (2)— by striking of such a website or online service ; and by striking subsection (b)(1)(B)(iii) and inserting subsection (b)(1)(C)(iii) ; and in subsection (b)— by amending paragraph

(1)to read as follows: 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— 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; to obtain verifiable parental consent for the collection, use, or disclosure of personal information of a child; to provide to a parent whose child has provided personal information to the operator, upon request by and proper identification of the parent— a description of the specific types of personal information collected from the child by the operator; 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 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; 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 to establish and maintain reasonable procedures to protect the confidentiality, security, and integrity of personal information collected from children. ; in paragraph (2)— in the matter preceding subparagraph (A), by striking paragraph (1)(A)(ii) and inserting paragraph (1)(B) ; and in subparagraph (A), by inserting or to contact a different child after to recontact the child ; by amending paragraph

(3)to read as follows: 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 by adding at the end the following: 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. . Section 1306 of the Children's Online Privacy Protection Act of 1998 ( 15 U.S.C. 6505 ) is amended— in subsection (b)— 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 ( ; and 12 U.S.C. 1813 )); by striking paragraph

(2)and redesignating paragraphs

(3)through

(6)as paragraphs

(2)through (5), respectively; and by adding at the end the following new subsection: 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 )). 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. .

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