15 U.S.C. 6551changedby H.R. 7757 Sec. 522(a)
211 Public awareness and educational campaign.— Not later than 180 days after the date of the enactment of this section, the Commission, in partnership with the heads of other relevant agencies, State and local governments, nonprofit organizations, schools, industry, law enforcement, medical professionals, and other appropriate entities, shall carry out a program throughout the United States to promote the safe use of the internet by minors that includes the following:(1) The identification, promotion, and encouragement of best practices for educators, online platforms, minors, and parents and guardians to protect minors online.(2) The establishment and implementation of an outreach and education campaign throughout the United States that promotes online safety for minors.(3) The facilitation of access to, and the exchange of, information regarding online safety for minors to promote up-to-date knowledge regarding harms and risks negatively impacting or benefits positively impacting minors online.(4) The facilitation of access to publicly accessible online safety education and public awareness efforts by other relevant agencies, State and local governments, nonprofit organizations, schools, industry, and other appropriate entities.212 Annual report.— Not later than 1 year after the date of the enactment of this section, and annually thereafter for 10 years, the Commission shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that describes the program carried out under section 211.213 Definitions.— In this subtitle:(1) Agency.— The term agency has the meaning given that term in section 551 of title 5, United States Code.(2) Commission.— The term Commission means the Federal Trade Commission.(3) Minor.— The term minor means an individual under the age of 17.(4) Nonprofit organization.— The term nonprofit organization means an organization that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code.(5) Online safety.— The term online safety includes issues regarding the use of the internet in a manner that promotes safe online activity for minors through the following:(A) Protecting minors from cybercrimes, access to narcotics, tobacco products, gambling, alcohol, and other adult content.(B) Preventing compulsive behavior online and other adverse impacts on the physical and mental health of minors.(C) Facilitating the effective use of safeguards, parental controls, and other tools to empower parents, guardians, and minors to protect minors online.(6) State.— The term State means each of the several States, the District of Columbia, each commonwealth, territory, or possession of the United States, and each federally recognized Indian Tribe.
The bill says: by striking sections 211 through 214 and 216 and inserting the following:
Bill text · Current law (15 U.S.C. 6551)
15 U.S.C. 6551renumberedby H.R. 7757 Sec. 522(a)
The bill says: by redesignating section 215 as section 214.
Bill text · Current law (15 U.S.C. 6551)
15 U.S.C. 6551changedby H.R. 7757 Sec. 522(b)
The bill says: The table of contents of the Protecting Children in the 21st Century Act (15 U.S.C. 6551 et seq.) is amended by striking the items related to sections 211 through 216 and inserting the following:
Bill text · Current law (15 U.S.C. 6551)
15 U.S.C. 6501rewrittenby H.R. 7757 Sec. 602(a)
The bill says: by amending paragraph (1) to read as follows:
Bill text · Current law (15 U.S.C. 6501)
15 U.S.C. 6501rewrittenby H.R. 7757 Sec. 602(a)
(2) Operator.— The term operator—(A) means any person—(i) 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(ii) who—(I) collects or maintains, either directly or through a service provider, personal information from or about the users of that website, service, or application;(II) allows another person to collect personal information directly from users of that website, service, or application (in which case, the operator is deemed to have collected the information); or(III) allows users of that website, service, or application to publicly disclose personal information (in which case, the operator is deemed to have collected the information); and(B) 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).
The bill says: by amending paragraph (2) to read as follows:
Bill text · Current law (15 U.S.C. 6501)
15 U.S.C. 6501(4)rewrittenby H.R. 7757 Sec. 602(a)
(A) the release of personal information collected from a child or teen by an operator for any purpose, except where the personal information is provided to a person other than an operator who—(i) provides support for the internal operations of the website, online service, online application, or mobile application of the operator, excluding any activity relating to individual-specific advertising to children or teens; and(ii) does not disclose or use that personal information for any other purpose; and
The bill says: by amending subparagraph (A) to read as follows:
Bill text · Current law (15 U.S.C. 6501)
15 U.S.C. 6501(4)(B)changedby H.R. 7757 Sec. 602(a)
(B) making personal information collected from a child or teen by a website or online service directed to children or with actual knowledge that such information was collected from a child, publicly available in identifiable form, by any means including by a public posting, through the Internet, or through— (i) a home page of a website; (ii) a pen pal service; (iii) an electronic mail service; (iv) a message board; or (v) a chat room.
The bill says: by inserting "or teen" after "child" each place the term appears;
Bill text · Current law (15 U.S.C. 6501)
15 U.S.C. 6501(4)(B)changedby H.R. 7757 Sec. 602(a)
(B) making personal information collected from a child by a website or online servicewebsite, online service, online application, or mobile application directed to children or with actual knowledge that such information was collected from a child, publicly available in identifiable form, by any means including by a public posting, through the Internet, or through— (i) a home page of a website; (ii) a pen pal service; (iii) an electronic mail service; (iv) a message board; or (v) a chat room.
The bill says: by striking "website or online service" and inserting "website, online service, online application, or mobile application"; and
Bill text · Current law (15 U.S.C. 6501)
15 U.S.C. 6501(4)(B)changedby H.R. 7757 Sec. 602(a)
(B) making personal information collected from a child by a website or online service directed to children or with actual knowledgeknowledge that such information was collected from a child, publicly available in identifiable form, by any means including by a public posting, through the Internet, or through— (i) a home page of a website; (ii) a pen pal service; (iii) an electronic mail service; (iv) a message board; or (v) a chat room.
The bill says: by striking "actual knowledge" and inserting "knowledge";
Bill text · Current law (15 U.S.C. 6501)
15 U.S.C. 6501rewrittenby H.R. 7757 Sec. 602(a)
(8) Personal information.—(A) In general.— The term personal information means individually identifiable information about an individual collected online, including—(i) a first and last name;(ii) a home or other physical address, including a street name and a name of a city or town;(iii) an e-mail address;(iv) a telephone number;(v) a Social Security number;(vi) any other identifier that the Commission determines permits the physical or online contacting of a specific individual;(vii) a persistent identifier that can be used to recognize a specific child or teen over time and across different websites, online services, online applications, or mobile applications, that—(I) includes—(aa) a customer number held in a cookie;(bb) an Internet Protocol (IP) address;(cc) a processor or device serial number; and(dd) a unique device identifier; and(II) excludes an identifier that is used by an operator solely for providing support for the internal operations of the website, online service, online application, or mobile application;(viii) a photograph, video, or audio file that contains the image or voice of a specific child or teen;(ix) geolocation information;(x) information generated from the measurement or technological processing of an the biological, physical, or physiological characteristics of an individual that is used to identify an individual, including—(I) fingerprints;(II) voice prints;(III) iris or retina imagery scans;(IV) facial templates;(V) deoxyribonucleic acid (DNA) information; and(VI) gait; and(xi) information linked or reasonably linkable to a child or teen or a parent of a child or teen (including any unique identifier) that an operator collects online from the child or teen and combines with an identifier described in this subparagraph.(B) Exclusion.— The term personal information does not include an audio file that contains the voice of a child or teen if the operator—(i) does not request information via voice that would otherwise be considered personal information under this paragraph;(ii) provides clear notice of its collection and use of the audio file and its deletion policy in its privacy policy;(iii) only uses the voice contained in the audio file as a replacement for written words to perform a task or otherwise engage with a website, online service, online application, or mobile application, including by performing a search and fulfilling a verbal instruction or request;(iv) only maintains the audio file during the period necessary to complete the relevant task or engagement;(v) does not make any other use of the audio file during such period; and(vi) deletes the audio file at the end of such period.(C) Support for the internal operations of a website, online service, online application, or mobile application.—(i) In general.— For purposes of subparagraph (A)(vii), the term support for the internal operations of a website, online service, online application, or mobile application means the activities necessary to such website, service, or application to—(I) maintain or analyze functioning;(II) perform network communications;(III) authenticate users;(IV) personalize content;(V) serve contextual advertising to users (if any persistent identifier is only used as necessary for technical purposes to serve the contextual advertisement or cap the frequency of contextual advertising;(VI) protect the security or integrity of the user, website, online service, online application, or mobile application;(VII) ensure legal or regulatory compliance, or(VIII) fulfill a request of a child or teen under subparagraph (A), (B), or (C) of section 1303(b)(2).(ii) Condition.— Except as specifically permitted under clause (i), information collected through the activities described in clause (i) may not be used or disclosed to contact a specific individual (including through individual-specific advertising to children or teens), to amass a profile on a specific individual, in connection with processes that encourage or prompt use of a website or online service, or for any other purpose.
The bill says: by amending paragraph (8) to read as follows:
Bill text · Current law (15 U.S.C. 6501)
15 U.S.C. 6501rewrittenby H.R. 7757 Sec. 602(a)
(9) Verifiable consent.— The term verifiable consent means any reasonable effort (taking into consideration available technology) by an operator, including a request for authorization for future collection, use, and disclosure described in the notice, to ensure that a parent of a child (in the case of a child) or a teen (in the case of a teen)—(A) receives direct notice of the collection, use, maintenance, and disclosure practices of the operator with respect to personal information; and(B) before the personal information of the child or teen is collected, freely and unambiguously authorizes—(i) the collection, use, maintenance, and disclosure, as applicable, of the personal information; and(ii) any subsequent use of the personal information.
The bill says: by amending paragraph (9) to read as follows:
Bill text · Current law (15 U.S.C. 6501)
15 U.S.C. 6501(10)changedby H.R. 7757 Sec. 602(a)
(10) Website or online service directed to childrenWebsite, online service, online application, or mobile application directed to children. The term "website or online service directed to children" means— (i) a commercial website or online service that is targeted to children; or (ii) that portion of a commercial website or online service that is targeted to children. A…
The bill says: in the heading, by striking "Website or online service directed to children" and inserting "Website, online service, online application, or mobile application directed to children";
Bill text · Current law (15 U.S.C. 6501)
15 U.S.C. 6501(10)(A)changedby H.R. 7757 Sec. 602(a)
The bill says: in the matter preceding clause (i), by striking "website or online service directed to children" and inserting "website, online service, online application, or mobile application directed to children";
Bill text · Current law (15 U.S.C. 6501)
15 U.S.C. 6501(10)(A)(i)changedby H.R. 7757 Sec. 602(a)
The bill says: in clause (i), by striking "commercial website or online service" and inserting "website, online service, online application, or mobile application"; and
Bill text · Current law (15 U.S.C. 6501)
15 U.S.C. 6501(10)(A)(ii)changedby H.R. 7757 Sec. 602(a)
The bill says: in clause (ii), by striking "commercial website or online service" and inserting "website, online service, online application, or mobile application";
Bill text · Current law (15 U.S.C. 6501)
15 U.S.C. 6501(10)(B)changedby H.R. 7757 Sec. 602(a)
The bill says: in subparagraph (B), by striking "commercial website or online service" each place the term appears and inserting "website, online service, online application, or mobile application"; and
Bill text · Current law (15 U.S.C. 6501)
15 U.S.C. 6501(10)added (C)by H.R. 7757 Sec. 602(a)
(C) Rule of construction.— In considering whether a website, online service, online application, or mobile application, or portion thereof, is directed to children, the Commission shall apply a totality of circumstances test and will also consider competent and reliable empirical evidence regarding audience composition and evidence regarding the intended audience of the website, online service, online application, or mobile application.
The bill says: by adding at the end the following new subparagraph:
Bill text · Current law (15 U.S.C. 6501)
15 U.S.C. 6501added (13)by H.R. 7757 Sec. 602(a)
(13) Connected device.— The term connected device means a device that is capable of connecting to the internet, directly or indirectly, or to another connected device.(14) Online application.— The term online application—(A) means an internet-connected software program; and(B) includes a service or application offered via a connected device.(15) Mobile application.— The term mobile application—(A) means a software program that runs on the operating system of—(i) a cellular telephone;(ii) a tablet computer; or(iii) a similar portable computing device that transmits data over a wireless connection; and(B) includes a service or application offered via a connected device.(16) Geolocation information.— The term geolocation information means information sufficient to identify a street name and name of a city or town.(17) Teen.— The term teen means an individual who has attained the age of 14 and is under the age of 18.(18) Individual-specific advertising to children or teens.—(A) In general.— The term individual-specific advertising to children or teens means advertising or any other effort to market a product or service that is directed to a specific child or teen or a connected device that is linked or reasonably linkable to a child or teen based on—(i) personal information of—(I) the child or teen; or(II) a group of children or teens who are similar in sex, age, household income level, race, or ethnicity to the specific child or teen to whom the product or service is marketed;(ii) profiling of such child or teen or group of children or teens; or(iii) a unique identifier of such connected device.(B) Exclusions.— The term individual-specific advertising to children or teens shall not include—(i) advertising or marketing to an individual or to a device of an individual in response to a specific request by the individual for information or feedback, such as a search query by a child or teen;(ii) contextual advertising, including if an advertisement is displayed based on the content of the website, online service, online application, mobile application, or connected device on which the advertisement appears and does not vary based on personal information of an individual who views the advertisement;(iii) processing personal information solely for measuring or reporting advertising or content performance, reach, or frequency, including independent measurement; or(iv) advertising or marketing directed to a connected device used by both adult and child or teen members of a household, if such advertising or marketing is directed to a profile of an adult user.(C) Rule of construction.— Nothing in subparagraph (A) shall be construed to prohibit an operator with actual knowledge or an operator who should have known that a user is under the age of 18 from delivering advertising or marketing that is age-appropriate and intended for a child or teen audience, if the operator does not use any personal information other than whether the user is under the age of 18.(19) Educational agency or institution.— The term educational agency or institution means—(A) a State educational agency or a local educational agency (as such terms are defined in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)); or(B) an institutional day or residential school, including a public school (including a charter school) or a private school, that provides elementary or secondary education, as determined under State law.(20) Knowledge.— The term knowledge means the operator has actual knowledge or should have known that a user is a child or teen.
The bill says: by adding at the end the following:
Bill text · Current law (15 U.S.C. 6501)
15 U.S.C. 6502changedby H.R. 7757 Sec. 602(b)
The bill says: by striking the heading and inserting the following: "Online collection, use, disclosure, and deletion of personal information of children and teens.";
Bill text · Current law (15 U.S.C. 6502)
15 U.S.C. 6502(a)rewrittenby H.R. 7757 Sec. 602(b)
(1) In general.— It is unlawful for an operator of a website, online service, online application, or mobile application directed to children or for any operator of a website, online service, online application, or mobile application with actual knowledge or any operator of a website, online service, online application, or mobile application who should have known that a user is a child or teen to do any of the following:(A) Collect personal information from a child or teen in a manner that violates the regulations promulgated under subsection (b).(B) Collect, use, disclose to third parties, or maintain personal information of a child or teen for purposes of individual-specific advertising to children or teens (or to allow another person to collect, use, disclose, or maintain such information for such purpose);(C) Otherwise collect the personal information of a child or teen, except if the collection of the personal information is—(i) consistent with the context of a particular transaction or service or the relationship of the child or teen with the operator, including any collection necessary to fulfill a transaction or provide a product or service requested by the child or teen; or(ii) authorized or required by Federal law (including a regulation promulgated under subsection (b)) or State law.(D) Store or transfer the personal information of a child or teen outside of the United States, unless the operator provides direct notice to a parent of the child (in the case of a child) or to the teen (in the case of a teen) of such storage or transfer.(E) Retain the personal information of a child or teen for longer than is reasonably necessary to fulfill a transaction or provide a service requested by the child or teen, except as authorized or required by Federal or State law.
The bill says: by amending paragraph (1) to read as follows:
Bill text · Current law (15 U.S.C. 6502)
15 U.S.C. 6502(a)(2)changedby H.R. 7757 Sec. 602(b)
(2) Disclosure to parentparent or teen protected. Notwithstanding paragraph (1), neither an operator of such a website or online service nor the operator's agent shall be held to be liable under any Federal or State law for any disclosure made in good faith and following reasonable procedures in responding to a request for disclosure of personal information under subsection (b)(1)(B)(iii) to the parent of a child.
The bill says: in the heading, by striking "parent" and inserting "parent or teen";
Bill text · Current law (15 U.S.C. 6502)
15 U.S.C. 6502(a)(2)changedby H.R. 7757 Sec. 602(b)
(2) Disclosure to parent protected. Notwithstanding paragraph (1)Notwithstanding paragraph (1)(A), neither an operator of such a website or online service nor the operator's agent shall be held to be liable under any Federal or State law for any disclosure made in good faith and following reasonable procedures in responding to a request for disclosure of personal information under subsection (b)(1)(B)(iii) to the parent of a child.
The bill says: by striking "Notwithstanding paragraph (1)" and inserting "Notwithstanding paragraph (1)(A)";
Bill text · Current law (15 U.S.C. 6502)
15 U.S.C. 6502(a)(2)changedby H.R. 7757 Sec. 602(b)
(2) Disclosure to parent protected. Notwithstanding paragraph (1), neither an operator of such a website or online service nor the operator's agent shall be held to be liable under any Federal or State law for any disclosure made in good faith and following reasonable procedures in responding to a request for disclosure of personal information under subsection (b)(1)(B)(iii) to the parent of a child.
The bill says: by striking "of such a website or online service"; and
Bill text · Current law (15 U.S.C. 6502)
15 U.S.C. 6502(a)(2)changedby H.R. 7757 Sec. 602(b)
(2) Disclosure to parent protected. Notwithstanding paragraph (1), neither an operator of such a website or online service nor the operator's agent shall be held to be liable under any Federal or State law for any disclosure made in good faith and following reasonable procedures in responding to a request for disclosure of personal information under subsection (b)(1)(B)(iii) to the parent of a childsubsection (b)(1)(B)(iv) to a parent of a child or under subsection (b)(1)(C)(iv) to a teen.
The bill says: by striking "subsection (b)(1)(B)(iii) to the parent of a child" and inserting "subsection (b)(1)(B)(iv) to a parent of a child or under subsection (b)(1)(C)(iv) to a teen";
Bill text · Current law (15 U.S.C. 6502)
15 U.S.C. 6502(b)(1)(A)changedby H.R. 7757 Sec. 602(b)
(A) require the operator of any websitean operator of a website, online service, online application, or mobile application directed to children or for any operator of a website, online service, online application, or mobile application with actual knowledge or any operator of a website, online service, online application, or mobile application who should have known that a user is a child or teen or online service directed to children that collects personal information from children or the operator of a website or online service that has actual knowledge that it is collecting personal information from a child— (i) to provide…
The bill says: in the matter preceding clause (i), by striking "the operator of any website" and all that follows through "from a child" and inserting "an operator of a website, online service, online application, or mobile application directed to children or for any operator of a website, online service, online application, or mobile application with actual knowledge or any operator of a website, online service, online application, or mobile application who should have known that a user is a child or teen";
Bill text · Current law (15 U.S.C. 6502)
15 U.S.C. 6502(b)(1)(A)(i)changedby H.R. 7757 Sec. 602(b)
(i) to provide notice on the websiteclear and conspicuous notice on the website, service, or application of what information is collected from children by the operator, how the operator uses such information, and the operator's disclosure practices for such information; and
The bill says: by striking "notice on the website" and inserting "clear and conspicuous notice on the website, service, or application";
Bill text · Current law (15 U.S.C. 6502)
15 U.S.C. 6502(b)(1)(A)(i)changedby H.R. 7757 Sec. 602(b)
(i) to provide notice on the website of what information is collected from children or teens by the operator, how the operator uses such information, and the operator's disclosure practices for such information; and
The bill says: by inserting "or teens" after "children";
Bill text · Current law (15 U.S.C. 6502)
15 U.S.C. 6502(b)(1)(A)(i)changedby H.R. 7757 Sec. 602(b)
(i) to provide notice on the website of what information is collected from children by the operator, how the operator uses such information, and the operator's disclosure practices, the disclosure practices of the operator for such information; and
The bill says: by striking ", and the operator’s disclosure practices" and inserting ", the disclosure practices of the operator"; and
Bill text · Current law (15 U.S.C. 6502)
15 U.S.C. 6502(b)(1)(A)(i)changedby H.R. 7757 Sec. 602(b)
(i) to provide notice on the website of what information is collected from children by the operator, how the operator uses such information, and the operator's disclosure practices for such information; and, the rights and opportunities available to a parent of a child or teen under subparagraphs (B) and (C), and the procedures or mechanisms the operator uses to ensure that personal information is not collected from children or teens (except as permitted by the regulations promulgated under this subsection);
The bill says: by striking "; and" and inserting ", the rights and opportunities available to a parent of a child or teen under subparagraphs (B) and (C), and the procedures or mechanisms the operator uses to ensure that personal information is not collected from children or teens (except as permitted by the regulations promulgated under this subsection);";
Bill text · Current law (15 U.S.C. 6502)
15 U.S.C. 6502(b)(1)(A)(ii)changedby H.R. 7757 Sec. 602(b)
(ii) to obtain verifiable parental consent for the collection, use, or disclosure of personal information from children;
The bill says: by striking "parental";
Bill text · Current law (15 U.S.C. 6502)
15 U.S.C. 6502(b)(1)(A)(ii)changedby H.R. 7757 Sec. 602(b)
(ii) to obtain verifiable parental consent for the collection, use, or disclosure of personal information from children or teens;
The bill says: by inserting "or teens" after "children";
Bill text · Current law (15 U.S.C. 6502)
15 U.S.C. 6502(b)(1)(A)(ii)changedby H.R. 7757 Sec. 602(b)
The bill says: by striking the semicolon at the end and inserting "; and"; and
Bill text · Current law (15 U.S.C. 6502)
15 U.S.C. 6502(b)(1)(A)added (iii)by H.R. 7757 Sec. 602(b)
(iii) to obtain verifiable consent from a parent of a child (in the case of a child) or from a teen (in the case of a teen) before using or disclosing personal information of the child or teen for any purpose that is a material change from the original purposes and disclosure practices specified to the parent of the child or the teen under clause (i);
The bill says: by inserting after clause (ii) the following new clause:
Bill text · Current law (15 U.S.C. 6502)
15 U.S.C. 6502(b)(1)(B)changedby H.R. 7757 Sec. 602(b)
(B) require the operator to provide, upon request of a parent under this subparagraph whose child has provided personal information to that website or online servicethe operator, upon proper identification of that parent, to such parent— (i) a description of the specific types of personal information collected from the child by that operator; (ii) the opportunity at any time to refuse to permit the operator's…
The bill says: in the matter preceding clause (i), by striking "that website or online service" and inserting "the operator";
Bill text · Current law (15 U.S.C. 6502)
15 U.S.C. 6502(b)(1)(B)(i)changedby H.R. 7757 Sec. 602(b)
(i) a description of the specific types of personal information collected from the child by that operatorthe operator, the method by which the operator obtains the personal information, and the purposes for which the operator collects, uses, discloses, and retains the personal information;
The bill says: in clause (i), by striking "that operator" and inserting "the operator, the method by which the operator obtains the personal information, and the purposes for which the operator collects, uses, discloses, and retains the personal information";
Bill text · Current law (15 U.S.C. 6502)
15 U.S.C. 6502(b)(1)(B)(ii)changedby H.R. 7757 Sec. 602(b)
(ii) the opportunity at any time to delete personal information collected from the child or content or information submitted by the child to a website, online service, online application, or mobile application and to refuse to permit the operator's further use or maintenance in retrievable form, or future online collection, of personal information from that child; and
The bill says: by inserting "to delete personal information collected from the child or content or information submitted by the child to a website, online service, online application, or mobile application and" after "the opportunity at any time"; and
Bill text · Current law (15 U.S.C. 6502)
15 U.S.C. 6502(b)(1)(B)(ii)changedby H.R. 7757 Sec. 602(b)
(ii) the opportunity at any time to refuse to permit the operator's further use or maintenance in retrievable form, or future online collection, of personal information from that child; and
The bill says: by striking "; and" and inserting a semicolon;
Bill text · Current law (15 U.S.C. 6502)
15 U.S.C. 6502(b)(1)(B)renumberedby H.R. 7757 Sec. 602(b)
The bill says: by redesignating clause (iii) as clause (iv) and inserting after clause (ii) the following new clause:
Bill text · Current law (15 U.S.C. 6502)
15 U.S.C. 6502(b)(1)(B)(iv)changedby H.R. 7757 Sec. 602(b)
The bill says: in clause (iv), as so redesignated, by inserting ", if such information is available to the operator at the time the parent makes the request" before the semicolon;
Bill text · Current law (15 U.S.C. 6502)
15 U.S.C. 6502(b)(1)renumberedby H.R. 7757 Sec. 602(b)
The bill says: by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively;
Bill text · Current law (15 U.S.C. 6502)
15 U.S.C. 6502(b)(1)added (C)by H.R. 7757 Sec. 602(b)
(C) require the operator to provide, upon the request of a teen who has provided personal information to the operator, upon proper identification of the teen—(i) a description of the specific types of personal information collected from the teen by the operator, the method by which the operator obtained the personal information, and the purposes for which the operator collects, uses, discloses, and retains the personal information;(ii) the opportunity at any time to delete personal information collected from the teen or content or information submitted by the teen to a website, online service, online application, or mobile application and to refuse to permit the further use or maintenance in retrievable form, or online collection, of personal information from the teen by the operator;(iii) the opportunity to challenge the accuracy of the personal information and, if the teen establishes the inaccuracy of the personal information, to have the inaccurate personal information corrected; and(iv) a means that is reasonable under the circumstances for the teen to obtain any personal information collected from the teen, if such information is available to the operator at the time the teen makes the request;
The bill says: by inserting after subparagraph (B) the following new subparagraph:
Bill text · Current law (15 U.S.C. 6502)
15 U.S.C. 6502(b)(1)(D)changedby H.R. 7757 Sec. 602(b)
The bill says: by striking "a child’s participation" and inserting "the participation of a child or teen"; and
Bill text · Current law (15 U.S.C. 6502)
15 U.S.C. 6502(b)(1)(D)changedby H.R. 7757 Sec. 602(b)
The bill says: by inserting "or teen" after "the child"; and
Bill text · Current law (15 U.S.C. 6502)
15 U.S.C. 6502(b)(1)rewrittenby H.R. 7757 Sec. 602(b)
(E) require the operator—(i) to establish, implement, and maintain reasonable security practices to protect the confidentiality, integrity, and accessibility of personal information of children or teens collected by the operator; and(ii) to protect such personal information against unauthorized access.
The bill says: by amending subparagraph (E), as so redesignated, to read as follows:
Bill text · Current law (15 U.S.C. 6502)
15 U.S.C. 6502(b)(2)changedby H.R. 7757 Sec. 602(b)
(2) When consent not required. The regulations shall provide that verifiable parental consentverifiable consent under paragraph (1)(A)(ii) is not required in the case of— (A) online contact information collected from a child that is used only to respond directly on a one-time basis to a specific request from the child and is not used to recontact…
The bill says: in the matter preceding subparagraph (A), by striking "verifiable parental consent" and inserting "verifiable consent";
Bill text · Current law (15 U.S.C. 6502)
15 U.S.C. 6502(b)(2)(A)changedby H.R. 7757 Sec. 602(b)
(A) online contact information collected from a child or teen that is used only to respond directly on a one-time basis to a specific request from the child and is not used to recontact the child and is not maintained in retrievable form by the operator;
The bill says: by inserting "or teen" after "collected from a child";
Bill text · Current law (15 U.S.C. 6502)
15 U.S.C. 6502(b)(2)(A)changedby H.R. 7757 Sec. 602(b)
(A) online contact information collected from a child that is used only to respond directly on a one-time basis to a specific request from the child or teen and is not used to recontact the child and is not maintained in retrievable form by the operator;
The bill says: by inserting "or teen" after "request from the child"; and
Bill text · Current law (15 U.S.C. 6502)
15 U.S.C. 6502(b)(2)(A)changedby H.R. 7757 Sec. 602(b)
(A) online contact information collected from a child that is used only to respond directly on a one-time basis to a specific request from the child and is not used to recontact the child or teen or to contact another child or teen and is not maintained in retrievable form by the operator;
The bill says: by inserting "or teen or to contact another child or teen" after "to recontact the child";
Bill text · Current law (15 U.S.C. 6502)
15 U.S.C. 6502(b)(2)(B)changedby H.R. 7757 Sec. 602(b)
(B) a request for the name or online contact information of a parent or childparent or teen that is used for the sole purpose of obtaining parental consent or providing notice under this section and where such information is not maintained in retrievable form by the operator if parental consent is not obtained after a reasonable time;
The bill says: by striking "parent or child" and inserting "parent or teen"; and
Bill text · Current law (15 U.S.C. 6502)
15 U.S.C. 6502(b)(2)(B)changedby H.R. 7757 Sec. 602(b)
(B) a request for the name or online contact information of a parent or child that is used for the sole purpose of obtaining parental consentverifiable consent or providing notice under this section and where such information is not maintained in retrievable form by the operator if parental consent is not obtained after a reasonable time;
The bill says: by striking "parental consent" each place the term appears and inserting "verifiable consent";
Bill text · Current law (15 U.S.C. 6502)
15 U.S.C. 6502(b)(2)(C)changedby H.R. 7757 Sec. 602(b)
(C) online contact information collected from a child or teen that is used only to respond more than once directly to a specific request from the child and is not used to recontact the child beyond the scope of that request— (i) if, before any additional response after the initial response to the…
The bill says: in the matter preceding clause (i), by inserting "or teen" after "child" each place the term appears;
Bill text · Current law (15 U.S.C. 6502)
15 U.S.C. 6502(b)(2)(C)(i)changedby H.R. 7757 Sec. 602(b)
(i) if, before any additional response after the initial response to the child or teen, the operator uses reasonable efforts to provide a parent notice of the online contact information collected from the child, the purposes for which it is to be used, and an opportunity for the parent to request that the operator make no further use of the information and that it not be maintained in retrievable form; or
The bill says: by inserting "or teen" after "child" each place the term appears; and
Bill text · Current law (15 U.S.C. 6502)
15 U.S.C. 6502(b)(2)(C)(i)changedby H.R. 7757 Sec. 602(b)
(i) if, before any additional response after the initial response to the child, the operator uses reasonable efforts to provide a parent or teen, as applicable, notice of the online contact information collected from the child, the purposes for which it is to be used, and an opportunity for the parent to request that the operator make no further use of the information and that it not be maintained in retrievable form; or
The bill says: by inserting "or teen, as applicable," after "parent" each place the term appears; and
Bill text · Current law (15 U.S.C. 6502)
15 U.S.C. 6502(b)(2)(C)(ii)changedby H.R. 7757 Sec. 602(b)
(ii) without notice to the parentwithout notice to the parent or teen, as applicable, in such circumstances as the Commission may determine are appropriate, taking into consideration the benefits to the child of access to information and services, and risks to the security and privacy of the child, in regulations promulgated under this subsection;
The bill says: by striking "without notice to the parent" and inserting "without notice to the parent or teen, as applicable,"; and
Bill text · Current law (15 U.S.C. 6502)
15 U.S.C. 6502(b)(2)(C)(ii)changedby H.R. 7757 Sec. 602(b)
(ii) without notice to the parent in such circumstances as the Commission may determine are appropriate, taking into consideration the benefits to the child or teen of access to information and services, and risks to the security and privacy of the child, in regulations promulgated under this subsection;
The bill says: by inserting "or teen" after "child" each place the term appears; and
Bill text · Current law (15 U.S.C. 6502)
15 U.S.C. 6502(b)(2)(D)changedby H.R. 7757 Sec. 602(b)
(D) the name of the child or teen and online contact information (to the extent reasonably necessary to protect the safety of a child participant on the site)— (i) used only for the purpose of protecting such safety; (ii) not used to recontact the child or for any other purpose; and (iii) not disclosed on the site,
The bill says: in the matter preceding clause (i), by inserting "or teen" after "child" each place the term appears;
Bill text · Current law (15 U.S.C. 6502)
15 U.S.C. 6502(b)(2)(D)(ii)changedby H.R. 7757 Sec. 602(b)
(ii) not used to recontact the child or teen or for any other purpose; and
The bill says: in clause (ii), by inserting "or teen" after "child"; and
Bill text · Current law (15 U.S.C. 6502)
15 U.S.C. 6502(b)(2)(D)changedby H.R. 7757 Sec. 602(b)
The bill says: by inserting "or teen, as applicable," after "parent" each place the term appears; and
Bill text · Current law (15 U.S.C. 6502)
15 U.S.C. 6502(b)(2)(D)changedby H.R. 7757 Sec. 602(b)
(D) the name of the child or teen and online contact information (to the extent reasonably necessary to protect the safety of a child participant on the site)— (i) used only for the purpose of protecting such safety; (ii) not used to recontact the child or for any other purpose; and (iii) not disclosed on the site,
The bill says: by inserting "or teen" after "child";
Bill text · Current law (15 U.S.C. 6502)
15 U.S.C. 6502(b)renumberedby H.R. 7757 Sec. 602(b)
(3) Application to operators acting under agreements with educational agencies or institutions.— The regulations may provide that verifiable consent under paragraph (1)(A)(ii) is not required for an operator that acts under a written agreement with an educational agency or institution that, at a minimum, requires the—(A) operator to—(i) limit the collection, use, and disclosure by the operator of the personal information from a child or teen to solely educational purposes and for no other commercial purposes;(ii) provide the educational agency or institution with a notice of the specific types of personal information the operator will collect from the child or teen, the method by which the operator will obtain the personal information, and the purposes for which the operator will collect, use, disclose, and retain the personal information;(iii) provide to the educational agency or institution a link regarding the disclosure practices of the operator described in subsection (b)(1)(A)(i); and(iv) provide the educational agency or institution, upon request, with a means to review the personal information collected from a child or teen, to prevent further use or maintenance or future collection of personal information from a child or teen, and to delete personal information collected from a child or teen or content or information submitted by a child or teen to website, online service, online application, or mobile application of the operator;(B) representative of the educational agency or institution to acknowledge and agree that the representative has authority to authorize the collection, use, and disclosure of personal information from children or teens on behalf of the educational agency or institution, along with such authorization, the name of the representative, and the title of the representative at the educational agency or institution; and(C) educational agency or institution to—(i) provide on a website of the educational agency or institution a notice that identifies the operator with which the educational agency or institution has entered into a written agreement under this subsection and provides the link described in subparagraph (A)(iii);(ii) upon request, provide the notice described in subparagraph (A)(ii) to a parent (in the case of a child) or a parent or teen (in the case of a teen); and(iii) upon the request of such a parent or teen, request the operator provide a means to review the personal information of such a child or teen and provide the parent or teen a means to review the personal information.
The bill says: by redesignating paragraph (3) as paragraph (4) and inserting after paragraph (2) the following new paragraph:
Bill text · Current law (15 U.S.C. 6502)
15 U.S.C. 6502(b)rewrittenby H.R. 7757 Sec. 602(b)
The bill says: by amending paragraph (4), as so redesignated, to read as follows:
Bill text · Current law (15 U.S.C. 6502)
15 U.S.C. 6502(b)added (5)by H.R. 7757 Sec. 602(b)
(5) Continuation of service.— The regulations shall prohibit an operator from discontinuing service provided to a child or teen on the basis of a request by a parent of the child or by the teen (under the regulations promulgated under subparagraph (B) or (C) of paragraph (1), respectively) to delete personal information collected from the child or teen, to the extent that the operator is capable of providing such service without such personal information.(6) Rule of construction.— A request to delete or correct personal information of a child or teen (under the regulations promulgated under subparagraph (B) or (C) of paragraph (1), respectively) may not be construed to do any of the following:(A) Limit the authority of a law enforcement agency to obtain any content or information from an operator pursuant to a lawfully executed warrant or an order of a court of competent jurisdiction.(B) Require an operator or third party to delete or correct information that—(i) any other provision of Federal or State law requires the operator or third party to maintain; or(ii) was submitted to the website, online service, online application, or mobile application of the operator by any person other than the user who is attempting to erase or otherwise eliminate the content or information, including content or information submitted by the user that was republished or resubmitted by another person.(C) Prohibit an operator from doing any of the following:(i) Retaining a record of the deletion request and the minimum information necessary for the purposes of ensuring compliance with a request made pursuant to subparagraph (B) or (C) of paragraph (1).(ii) Preventing, detecting, protecting against, or responding to any security incident, identity theft, or fraud, or reporting a person responsible for any such action.(iii) Protecting the integrity or security of a website, online service, online application or mobile application.(iv) Ensuring that any such personal information remains deleted.(7) Common verifiable consent mechanism.—(A) In general.—(i) Feasibility of mechanism.— The Commission, with notice and public comment, shall assess the feasibility of allowing operators the option to use a common verifiable consent mechanism that fully meets the requirements of this title.(ii) Requirements.— The feasibility assessment required by clause (i) shall consider whether a single operator could use a common verifiable consent mechanism to obtain the verifiable consent required by this title from a parent of a child or from a teen on behalf of multiple listed operators that provide a joint or related service.(B) Report.— Not later than 1 year after the date of the enactment of this paragraph, the Commission shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report with the findings of the feasibility assessment required by subparagraph (A)(i).(C) Regulations.— If the Commission finds that the use of a common verifiable consent mechanism is feasible and would meet the requirements of this title, the Commission shall issue regulations to permit the use of a common verifiable consent mechanism in accordance with the findings outlined in such report.
The bill says: by adding at the end the following new paragraphs:
Bill text · Current law (15 U.S.C. 6502)
15 U.S.C. 6502(c)changedby H.R. 7757 Sec. 602(b)
(c) Enforcement. Subject to sections 6503 and 6505 of this title, a violation of a regulation prescribed under subsection (a)subparagraph (B), (C), (D), or (E) of subsection (a)(1) or of a regulation promulgated under subsection (b) shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 57a(a)(1)(B) of this title.
The bill says: in subsection (c), by striking "a regulation prescribed under subsection (a)" and inserting "subparagraph (B), (C), (D), or (E) of subsection (a)(1) or of a regulation promulgated under subsection (b)".
Bill text · Current law (15 U.S.C. 6502)
15 U.S.C. 6503(b)(1)changedby H.R. 7757 Sec. 602(c)
(1) Self-regulatory incentives. In prescribing regulations under section 6502 of this title, the Commission shall provide incentives for self-regulation by operators to implement the protections afforded children and teens under the regulatory requirements described in subsection (b) of that section.
The bill says: in subsection (b)(1), by inserting "and teens" after "children"; and
Bill text · Current law (15 U.S.C. 6503)
15 U.S.C. 6503added (d)by H.R. 7757 Sec. 602(c)
(d) Publication.—(1) In general.— Except as provided in paragraph (2), 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 title.(2) Restrictions on publication.— Notwithstanding the publication requirement described in paragraph (1), the restrictions described in sections 6(f) and section 21 of the Federal Trade Commission Act (15 U.S.C. 46(f); 57b–2) applicable to the disclosure of information obtained by the Commission shall apply in the same manner to any publication under paragraph (1).
The bill says: by adding at the end the following:
Bill text · Current law (15 U.S.C. 6503)
15 U.S.C. 6504(a)(1)changedby H.R. 7757 Sec. 602(d)
(1) Civil actions. In any case in which the attorney general of a State has reason to believe that an interest of the residents of that State has been or is threatened or adversely affected by the engagement of any person in a practice that violates section 1303(a)(1) or any regulation of the Commission prescribed under section 6502(b) of this title, the State, as parens patriae, may bring a civil action on behalf of the residents of the State in a district court of the United States of appropriate…
The bill says: in the matter preceding subparagraph (A), by inserting "section 1303(a)(1) or" before "any regulation"; and
Bill text · Current law (15 U.S.C. 6504)
15 U.S.C. 6504(a)(1)(B)changedby H.R. 7757 Sec. 602(d)
(B) enforce compliance with section 1303(a)(1) or the regulation;
The bill says: in subparagraph (B), by inserting "section 1303(a)(1) or" before "the regulation"; and
Bill text · Current law (15 U.S.C. 6504)
15 U.S.C. 6504(d)changedby H.R. 7757 Sec. 602(d)
(d) Actions by Commission. In any case in which an action is instituted by or on behalf of the Commission for violation of section 1303(a)(1) or any regulation prescribed under section 6502 of this title, no State may, during the pendency of that action, institute an action under subsection (a) against any defendant named in the complaint in that action for violation of that regulation.
The bill says: by inserting "section 1303(a)(1) or" before "any regulation"; and
Bill text · Current law (15 U.S.C. 6504)
15 U.S.C. 6504(d)changedby H.R. 7757 Sec. 602(d)
(d) Actions by Commission. In any case in which an action is instituted by or on behalf of the Commission for violation of any regulation prescribed under section 6502 of this title, no State may, during the pendency of that action, institute an action under subsection (a) against any defendant named in the complaint in that action for violation of section 1303(a)(1) or that regulation.
The bill says: by inserting "section 1303(a)(1) or" before "that regulation".
Bill text · Current law (15 U.S.C. 6504)
15 U.S.C. 6505(b)(1)changedby H.R. 7757 Sec. 602(e)
(1) section 8 of the Federal Deposit Insurance Act (12 U.S.C. 1818), in the case ofby the appropriate Federal banking agency with respect to any insured depository institution (as such terms are defined in section 3 of such Act (12 U.S.C. 1813));— (A) national banks, and Federal branches and Federal agencies of foreign banks, by the Office of the Comptroller of the Currency; (B) member banks of the Federal Reserve System (other than national banks), branches and agencies of…
The bill says: in paragraph (1), by striking ", in the case of" and all that follows through "the Board of Directors of the Federal Deposit Insurance Corporation;" 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 (12 U.S.C. 1813));"; and
Bill text · Current law (15 U.S.C. 6505)
15 U.S.C. 6505(b)removedby H.R. 7757 Sec. 602(e)
The bill says: by striking paragraph (2); and
Bill text · Current law (15 U.S.C. 6505)
15 U.S.C. 6505(b)renumberedby H.R. 7757 Sec. 602(e)
The bill says: by redesignating paragraphs (3) through (6) as paragraphs (2) through (5), respectively;
Bill text · Current law (15 U.S.C. 6505)
15 U.S.C. 6505(d)changedby H.R. 7757 Sec. 602(e)
The bill says: by striking "a rule of the Commission under section 1303" and inserting "section 1303(a)(1) or a regulation promulgated under section 1303(b)"; and
Bill text · Current law (15 U.S.C. 6505)
15 U.S.C. 6505(d)changedby H.R. 7757 Sec. 602(e)
…and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this chapter. Any entity that violates such rulesuch section or such a regulation shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act in the same manner, by the same means, and with the same jurisdiction, power, and duties as though all applicable…
The bill says: by striking "such rule" and inserting "such section or such a regulation"; and
Bill text · Current law (15 U.S.C. 6505)
15 U.S.C. 6505added (f)by H.R. 7757 Sec. 602(e)
(f) Rule of construction on age verification.— Nothing in this title may be construed to require an operator to implement an age gating or age verification functionality on a website, online service, online application, or mobile application of the operator.(g) Additional requirement.— Any regulation promulgated under this title shall include a description and analysis of the impact of proposed and final rules on small entities under chapter 6 of title 5, United States Code (commonly known as the "Regulatory Flexibility Act").
The bill says: by adding at the end the following new subsections:
Bill text · Current law (15 U.S.C. 6505)
15 U.S.C. 6502changedby H.R. 7757 Sec. 704(c)
(d) Relationship to State law.—(1) In general.— The provisions of this title shall preempt any law, rule, requirement, or regulation of a State, or a political subdivision of a State, only to the extent that such law, rule, requirement, or regulation conflicts with a provision of this title.(2) Exception.— Notwithstanding paragraph (1), nothing in this title may be construed—(A) to preempt any law, rule, requirement, or regulation of a State, or political subdivision of a State, with respect to contract, tort, or product liability; or(B) to prohibit a State, or a political subdivision of a State, from enacting or enforcing any law, rule, requirement, or regulation that provides greater protection to minors than the protection provided by the provisions of this title.
The bill says: Section 1303 of the Children’s Online Privacy Protection Act of 1998 (15 U.S.C. 6502) is amended by striking subsection (d) and inserting the following:
Bill text · Current law (15 U.S.C. 6502)