Sec. 2. Definitions
476 words·~2 min read·
/bill/117/s/1628/is/section-2·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In this Act: The term Commission means the Federal Trade Commission. The term constructive knowledge means that knowledge that a minor is a minor under section 5(a)(1)(A)(i)(II) shall be imputed, at a minimum, to an operator if— the operator directly or indirectly collects, uses, profiles, buys, sells, classifies, or analyzes (using an algorithm or other form of data analytics) data about a user or groups of users to estimate, identify, or classify the age, age range, or proxy thereof; the operator directly or indirectly collects, uses, profiles, buys, sells, classifies or analyzes (using an algorithm or other form of data analytics) data about the nature of the content of the website, online service, online application, or mobile application that estimates, identifies, or classifies the content as directed to users of a particular age range or similarly estimates, identifies, or classifies the intended or likely audience for the content; the operator has or receives data or reporting related to the age of users on the website, online service, online application, or mobile application under the self-regulatory guidelines described in section 1304 of the Children’s Online Privacy Protection Act of 1998 ( 15 U.S.C. 6503 ) that documents risks and controls, including the existence of operator-controlled data analytics and content analytics capabilities and functions or outputs; the operator has or receives complaints from parents or other third parties about the age of users using its service, whether through the operators’ complaint mechanism, by email, or other means conveniently accessible by the user; the operator has or receives data or reporting or information from the operator’s internal communications, including documentation about its advertising practices, such as an advertisement insertion order, or other promotional material to marketers, that indicates that data is being collected from users of a particular age range that are using the product or service; the operator has publicly available data or reporting regarding the operator’s product or service indicating that users of a particular age range are using the product or service; or a content provider on the operator’s website, online service, online application, or mobile application communicates to an ad-network that the content is intended for users of a particular age range or likely to appeal to users of a particular age range, whether directly or indirectly.
The Commission may issue guidance or promulgate rules that indicate factors, in addition to those described in subparagraph (A), that should be considered to be constructive knowledge for purposes of this Act. The term standards means benchmarks, guidelines, best practices, methodologies, procedures, and processes. 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) of this Act, 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.
Connectionstraces to 2
Traces to 2 documents
U.S. Code
Citation graph
cites case law
Cites 2Cited by 0 across 0 sources