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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. 6

Sec. 6. Targeted marketing to children or minors

258 words·~1 min read·/bill/116/s/748/is/section-6

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It shall be unlawful for an operator of a website, online service, online application, or mobile application to use, disclose to third parties, or compile personal information of a child for purposes of targeted marketing if— the child is a user of the website, online service, online application, or mobile application; and the operator has constructive knowledge that the child is a child; or the website, online service, online application, or mobile application is directed to a child.
Except as provided in subparagraph (B), it shall be unlawful for an operator of a website, online service, online application, or mobile application to use, disclose to third parties, or compile personal information of a minor for purposes of targeted marketing 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 a minor.
Subparagraph
(A)shall not apply to an operator that has obtained the verifiable consent of the relevant minor. 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. 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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