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Code · BILL · 116th Congress · S. 748 (Introduced in Senate) — To amend the Children’s Online Privacy Protection Act of 1998 to strengthen protections relating to the online collec... · Sec. 5

Sec. 5. Digital Marketing Bill of Rights for Minors

198 words·~1 min read·/bill/116/s/748/is/section-5

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Except as provided in subparagraph (B), it shall be unlawful for an operator of a website, online service, online application, or mobile application to collect personal information from a minor if— the minor is a user of the website, online service, online application, or mobile application; and the operator has constructive knowledge that the minor is a minor; or the website, online service, online application, or mobile application is directed to minors. Subparagraph
(A)shall not apply to an operator that has adopted and complies with a Digital Marketing Bill of Rights for Minors that is consistent with the Fair Information Practices Principles described in section 4. This subsection shall take effect on the date that is 180 days after the promulgation of regulations under subsection (b). Not later than 1 year after the date of 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 section 4. Not less frequently than once every 4 years after the date on which regulations are promulgated under paragraph (1), the Commission shall update those regulations as necessary.
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