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

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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, an online service, an online application, or a mobile application; and who— collects or maintains, either directly or through a service provider, personal information from or about the users of that website, service, application, or connected device; allows another person to collect personal information directly from users of that website, service, application, or connected device (in which case, the operator is deemed to have collected the information); or allows users of that website, service, application, or connected device 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 collected from a child or minor for any purpose, except where the personal 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, excluding any activity relating to targeted marketing directed to children, minors, or connected devices; and does not disclose or use that personal information for any other purpose; and ; and in subparagraph (B)— by inserting or minor after child each place the term appears; by inserting or minors after children ; and by striking website or online service and inserting website, online service, online application, or mobile application ; in paragraph (8), by striking subparagraphs

(F)and

(G)and inserting the following: geolocation information; information used for biometric identification, as defined in section 70123 of title 46, United States Code, of an individual; information reasonably associated with or attributed to an individual; information (including an internet protocol address) that permits the identification of— an individual; or any device used by an individual to directly or indirectly access the internet or an online service, online application, or mobile application; or information concerning a child or minor or the parents of that child or minor (including any unique or substantially unique identifier, such as a customer number) that an operator collects online from the child or minor and combines with an identifier described in this paragraph. ; by amending paragraph

(9)to read as follows: The term verifiable consent means any reasonable effort (taking into consideration available technology), including a request for authorization for future collection, use, and disclosure described in the notice, to ensure that, in the case of a child, a parent of the child, or, in the case of a minor, the minor— receives specific notice of the personal information collection, use, and disclosure practices of the operator; and before the personal information of the child or minor is collected, freely and unambiguously authorizes— the collection, use, and disclosure, as applicable, of that personal information; and any subsequent use of that personal information. ; by striking paragraph

(10)and redesignating paragraphs

(11)and

(12)as paragraphs

(10)and (11), respectively; and by adding at the end the following: The term connected device means a device that is capable of connecting to the internet, directly or indirectly, or to another connected device. The term online means— connected to or compatible with the internet; or via the internet. The term online application — means an internet-connected software program; and includes a service or application offered via a connected device. The term online service — means broadband internet access service, as defined in the Report and Order on Remand, Declaratory Ruling, and Order in the matter of protecting and promoting the open internet, adopted by the Federal Communications Commission on February 26, 2015 (FCC 15–24); and includes a service or application offered via a connected device. The terms directed to a child or directed to a minor means, with respect to a website, online service, online application, or mobile application, the website, online service, online application, or mobile application is targeted to children or minors, as the case may be, as demonstrated by— the subject matter of the website, online service, online application, or mobile application; the visual content of the website, online service, online application, or mobile application; the use of animated characters or child-oriented activities for children, or the use of minor-oriented characters or minor-oriented activities for minors, and related incentives on the website, online service, online application, or mobile application; the music or other audio content on the website, online service, online application, or mobile application; the age of models on the website, online service, online application, or mobile application; the presence, on the website, online service, online application, or mobile application, of— child celebrities; celebrities who appeal to children; teen celebrities; or celebrities who appeal to minors; the language used on the website, online service, online application, or mobile application; advertising content used on, or used to advertise, the website, online service, online application, or mobile application; or reliable empirical evidence relating to— the composition of the audience of the website, online service, online application, or mobile application; and the intended audience of the website, online service, online application, or mobile application. For the purposes of this title, a website, online service, online application, or mobile application shall be deemed to be directed to children or minors if the operator of the website, online service, online application, or mobile application has actual knowledge that the website, online service, online application, or mobile application collects personal information directly from users of any other website, online service, online application, or mobile application that is directed to children or minors under the criteria described in subparagraph (A). A website, online service, online application, or mobile application that is directed to children or minors under the criteria described in subparagraph (A), but that does not target children or minors as the primary audience of the website, online service, online application, or mobile application, shall not be deemed to be directed to children or minors for purposes of this title if the website, online service, online application, or mobile application— does not collect personal information from any user of the website, online service, online application, or mobile application before verifying age information of the user; and does not, without first complying with any relevant notice and consent provision under this title, collect, use, or disclose personal information of any user who identifies themselves to the website, online service, online application, or mobile application as an individual who is under the age of 16. For purposes of this title, a website, online service, online application, or mobile application, shall not be deemed directed to children or minors solely because the website, online service, online application, or mobile application refers or links to any other website, online service, online application, or mobile application directed to children or minors by using information location tools, including— a directory; an index; a reference; a pointer; or a hypertext link. The term mobile application — means a software program that runs on the operating system of— a cellular telephone; a tablet computer; or a similar portable computing device that transmits data over a wireless connection; and includes a service or application offered via a connected device. The term geolocation information means information sufficient to identify a street name and name of a city or town. The term minor means an individual over the age of 12 and under the age of 16. The term targeted marketing means advertising or any other effort to market a product or service that is directed to a specific individual or device— based on— the personal information of— the individual; or a group of individuals who are similar in gender, age, income level, race, or ethnicity to the specific individual to whom the product or service is marketed; psychological profiling; or a unique identifier of the device; and as a result of use by the individual, access by any device of the individual, or use by a group of individuals who are similar to the specific individual, of— a website; an online service; an online application; a mobile application; or an operating system. . 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 and minors. 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 a child or minor, or an operator having constructive knowledge that personal information being collected is from a child or minor, to collect personal information from a child or minor 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) to the parent of a child and inserting subsection (b)(1)(A)(iii) to the parent of a child or under subsection (b)(1)(A)(iv) to a minor ; 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 Act entitled An Act to amend the Children’s Online Privacy Protection Act of 1998 to strengthen protections relating to the online collection, use, and disclosure of personal information of children and minors, and for other purposes , 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 minors, or an operator having constructive knowledge that personal information being collected is from a child or minor— to provide clear and conspicuous notice in clear and plain language of— the types of personal information the operator collects; how the operator uses the information; whether and why the operator discloses the information; and the procedures or mechanisms the operator uses to ensure that personal information is not collected from children or minors except in accordance with the regulations promulgated under this paragraph; to obtain verifiable consent for the collection, use, or disclosure of personal information of a child or minor; 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 delete 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; to provide to a minor who has provided personal information to the operator, upon request by and proper identification of the minor— a description of the specific types of personal information collected from the minor by the operator; the opportunity at any time to delete personal information collected from the minor; and a means that is reasonable under the circumstances for the minor to obtain any personal information collected from the minor, if such information is available to the operator at the time the minor makes the request; not to condition participation in a game, or use of a website, service, or application, by a child or minor on the provision by the child or minor 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 and minors. Not less frequently than once every 4 years after the date on which regulations are promulgated under subparagraph (A), the Commission shall update those regulations as necessary. ; in paragraph (2)— in the matter preceding subparagraph (A), by striking verifiable parental consent and inserting verifiable consent ; in subparagraph (A)— by inserting or minor after collected from a child ; by inserting or minor after request from the child ; and by inserting or minor or to contact a different child or minor after to recontact the child ; in subparagraph (B)— by striking parent or child and inserting parent, child, or minor ; and by striking parental consent each place the term appears and inserting verifiable consent ; in subparagraph (C)— in the matter preceding clause (i), by inserting or minor after child each place the term appears; in clause (i)— by inserting or minor after child each place the term appears; and by inserting or minor, as applicable, after parent each place the term appears; and in clause (ii)— by inserting or minor, as applicable, after parent ; and by inserting or minor after child each place the term appears; and in subparagraph (D)— in the matter preceding clause (i), by inserting or minor after child each place the term appears; in clause (ii), by inserting or minor after child ; and in the flush text following clause (iii)— by inserting or minor, as applicable, after parent each place the term appears; and by inserting or minor after child ; and by amending paragraph

(3)to read as follows: The regulations shall prohibit an operator from discontinuing service provided to a child or minor on the basis of a request by the parent of the child or by the minor, under the regulations prescribed under clauses (iii)(II) and (iv)(II), respectively, of paragraph (1)(A) to delete personal information collected from the child or minor, to the extent that the operator is capable of providing such service without such information. . Section 1304 of the Children’s Online Privacy Protection Act of 1998 ( 15 U.S.C. 6503 ) is amended— in subsection (b)(1), by inserting and minors after children ; and by adding at the end the following: The Commission shall publish on the internet website of the Commission any report or documentation required by regulation to be submitted to the Commission to carry out this section, except to the extent that the report or documentation contains proprietary information, which the Commission may in its discretion redact. . 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 those terms are defined in section 3 of that 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 section 222, 338(i), or 631 of the Communications Act of 1934 ( 47 U.S.C. 222 ; 338(i); 551) is inconsistent with this title, this title controls. .

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Sec. 3

Online collection, use, and disclosure of personal information of children and minors

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