[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1895 Introduced in House (IH)]
112th CONGRESS
1st Session
H. R. 1895
To amend the Children's Online Privacy Protection Act of 1998 to
extend, enhance, and revise the provisions relating to collection, use,
and disclosure of personal information of children and to establish
certain other protections for personal information of children and
minors.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 13, 2011
Mr. Markey (for himself and Mr. Barton of Texas) introduced the
following bill; which was referred to the Committee on Energy and
Commerce
_______________________________________________________________________
A BILL
To amend the Children's Online Privacy Protection Act of 1998 to
extend, enhance, and revise the provisions relating to collection, use,
and disclosure of personal information of children and to establish
certain other protections for personal information of children and
minors.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Do Not Track Kids Act of 2011''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Since the enactment of the Children's Online Privacy
Protection Act of 1998, the World Wide Web has changed
dramatically, with the creation of tens of millions of
websites, the proliferation of entirely new media platforms,
and the emergence of a diverse ecosystem of services, devices,
and applications that enable users to connect wirelessly within
an online environment without being tethered to a desktop
computer.
(2) The explosive growth of the Internet ecosystem has
unleashed a wide array of opportunities to learn, communicate,
participate in civic life, access entertainment, and engage in
commerce.
(3) In addition to these significant benefits, the Internet
also presents challenges, particularly with respect to the
efforts of entities to track the online activities of children
and minors and to collect, use, and disclose personal
information about them, including their geolocation, for
commercial purposes.
(4) Children are increasingly spending time online. A
Nielsen Online survey conducted in July 2009 found that ``time
spent online for children ages 2 to 11 increased from about 7
hours to more than 11 hours per week, a jump of 63% over five
years''.
(5) Children and teens are visiting numerous companies'
websites, and marketers are using multimedia games, online
quizzes, and cellular phone applications to create ties to
children and teens.
(6) According to a study by the Wall Street Journal in
2010, websites directed to children and teens were more likely
to use cookies and other tracking tools than sites directed to
a general audience.
(7) This study examined 50 popular websites for children
and teens in the United States and found that these 50 sites
placed 4,123 cookies, beacons, and other tracking tools on the
test computer used for the study.
(8) This is 30 percent greater than the number of such
tracking tools that were placed on the test computer in a
similar study of the 50 overall most popular websites in the
United States, which are generally directed to adults.
(9) Children and teens have become the focus of behavioral
profiling and targeting, raising privacy concerns.
(10) Eighty-five percent of parents say they are more
concerned about online privacy than they were 5 years ago.
(11) Seventy-two percent of parents say sexual predators
are the main reason they are concerned about children revealing
personal information online.
(12) According to the Pew Research Center's Internet and
American Life Project, 31 percent of 12-year-olds in the United
States were using social networking sites in 2006, with that
figure growing to 38 percent by mid-2009.
(13) Seventy-five percent of parents do not think social
networking sites do a good job of protecting the online privacy
of children.
(14) Ninety-one percent of parents think search engines and
social networking sites should not be permitted to share the
physical location of children with other companies until
parents give authorization.
(15) Significant majorities, 88 percent of parents and 85
percent of teens, want online companies to require them to opt
in before the companies use their personal information for
marketing purposes.
(16) Eighty-eight percent of parents would support a law
that requires search engines and social networking sites to get
users' permission before using their personal information.
(17) A Commonsense Media/Zogby poll found that 94 percent
of parents and 94 percent of adults believe individuals should
have the ability to request the deletion of all their personal
information held by an online search engine, social networking
site, or marketing company after a specific period of time.
SEC. 3. ONLINE COLLECTION, USE, AND DISCLOSURE OF PERSONAL INFORMATION
OF CHILDREN.
(a) Definitions.--Section 1302 of the Children's Online Privacy
Protection Act of 1998 (15 U.S.C. 6501) is amended--
(1) by amending paragraph (2) to read as follows:
``(2) Operator.--The term `operator'--
``(A) means any person who, for commercial
purposes, in interstate or foreign commerce, operates
or provides a website on the Internet, online service,
online application, or mobile application and who
collects or maintains personal information from or
about users of such website, service, or application,
or on whose behalf such information is collected or
maintained, including any person offering products or
services for sale through such website, service, or
application; 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).'';
(2) in paragraph (4)--
(A) by amending subparagraph (A) to read as
follows:
``(A) the release of personal information for any
purpose, except where such 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 and does not disclose or use that information
for any other purpose; and''; and
(B) in subparagraph (B), by striking ``website or
online service'' and inserting ``website, online
service, online application, or mobile application'';
(3) in paragraph (8)--
(A) by amending subparagraph (G) to read as
follows:
``(G) information concerning a child or the parents
of that child (including any unique or substantially
unique identifier, such as a customer number) that an
operator collects online from the child and combines
with an identifier described in subparagraphs (A)
through (G).'';
(B) by redesignating subparagraphs (F) and (G) as
subparagraphs (G) and (H), respectively; and
(C) by inserting after subparagraph (E) the
following new subparagraph:
``(F) information (including an Internet protocol
address) that permits the identification of the
computer of an individual, or any other device used by
an individual to access the Internet or an online
service, online application, or mobile application;'';
(4) by striking paragraph (10) and redesignating paragraphs
(11) and (12) as paragraphs (10) and (11), respectively; and
(5) by adding at the end the following new paragraph:
``(12) Online, online service, online application, mobile
application, directed to children.--The terms `online', `online
service', `online application', `mobile application', and
`directed to children' shall have the meanings given them by
the Commission by regulation. Not later than 1 year after the
date of the enactment of the Do Not Track Kids Act of 2011, the
Commission shall promulgate, under section 553 of title 5,
United States Code, regulations that define such terms broadly
enough so that they are not limited to current technology,
consistent with the principles articulated by the Commission
regarding the definition of the term `Internet' in its
statement of basis and purpose on the final rule under this
title promulgated on November 3, 1999 (64 Fed. Reg. 59891). The
definition of the term `online service' in such regulations
shall include broadband Internet access service (as defined in
the Report and Order of the Federal Communications Commission
relating to the matter of preserving the open Internet and
broadband industry practices (FCC 10-201, adopted by the
Commission on December 21, 2010)).''.
(b) Online Collection, Use, and Disclosure of Personal Information
of Children.--Section 1303 of the Children's Online Privacy Protection
Act of 1998 (15 U.S.C. 6502) is amended--
(1) by striking the heading and inserting the following:
``online collection, use, and disclosure of personal
information of children'';
(2) in subsection (a)--
(A) by amending paragraph (1) to read as follows:
``(1) In general.--It is unlawful for an operator of a
website, online service, online application, or mobile
application directed to children, or an operator having actual
knowledge that it is collecting personal information from
children, to collect personal information from a child in a
manner that violates the regulations prescribed under
subsection (b).''; and
(B) in paragraph (2)--
(i) by striking ``of such a website or
online service''; and
(ii) by striking ``subsection
(b)(1)(B)(iii)'' and inserting ``subsection
(b)(1)(C)(iii)''; and
(3) in subsection (b)--
(A) by amending paragraph (1) to read as follows:
``(1) In general.--Not later than 1 year after the date of
the enactment of the Do Not Track Kids Act of 2011, 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 an operator having actual
knowledge that it is collecting personal information from
children--
``(A) to provide clear and conspicuous notice in
clear and plain language of the types of personal
information the operator collects, how the operator
uses such information, whether the operator discloses
such information, and the procedures or mechanisms the
operator uses to ensure that personal information is
not collected from children except in accordance with
the regulations promulgated under this paragraph;
``(B) to obtain verifiable parental consent for the
collection, use, or disclosure of personal information
of a child;
``(C) to provide to a parent whose child has
provided personal information to the operator, upon
request by and proper identification of the parent--
``(i) a description of the specific types
of personal information collected from the
child by the operator;
``(ii) the opportunity at any time to
refuse to permit the further use or maintenance
in retrievable form, or future collection, by
the operator of personal information collected
from the child; and
``(iii) 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;
``(D) not to condition participation in a game, or
use of a website, service, or application, by a child
on the provision by the child of more personal
information than is reasonably required to participate
in the game or use the website, service, or
application; and
``(E) to establish and maintain reasonable
procedures to protect the confidentiality, security,
and integrity of personal information collected from
children.'';
(B) in the matter preceding subparagraph (A) of
paragraph (2), by striking ``paragraph (1)(A)(ii)'' and
inserting ``paragraph (1)(B)''; and
(C) by amending paragraph (3) to read as follows:
``(3) Continuation of service.--The regulations shall
prohibit an operator from discontinuing service provided to a
child on the basis of refusal by the parent of the child, under
the regulations prescribed under paragraph (1)(C)(ii), to
permit the further use or maintenance in retrievable form, or
future collection, by the operator of personal information
collected from the child, to the extent that the operator is
capable of providing such service without such information.''.
(c) Administration and Applicability of Act.--Section 1306 of the
Children's Online Privacy Protection Act of 1998 (15 U.S.C. 6505) is
amended--
(1) in subsection (b)--
(A) 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 such
terms are defined in section 3 of such Act (12 U.S.C.
1813));''; and
(B) by striking paragraph (2) and redesignating
paragraphs (3) through (6) as paragraphs (2) through
(5), respectively; and
(2) by adding at the end the following new subsection:
``(f) Telecommunications Carriers and Cable Operators.--
``(1) Enforcement by ftc.--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)).
``(2) Relationship to other law.--To the extent that
sections 222 and 631 of the Communications Act of 1934 (47
U.S.C. 222; 551) are inconsistent with this title, this title
controls.''.
SEC. 4. TARGETED MARKETING TO CHILDREN OR MINORS.
(a) Acts Prohibited.--It is unlawful for an operator of a website,
online service, online application, or mobile application directed to
children or minors, or an operator having actual knowledge that it is
collecting personal information from children or minors, to use,
disclose to third parties, or compile personal information collected
from children or minors, if the use, disclosure, or compilation is for
targeted marketing purposes.
(b) Regulations.--Not later than 1 year after the date of the
enactment of this Act, the Commission shall promulgate, under section
553 of title 5, United States Code, regulations to implement this
section.
SEC. 5. DIGITAL MARKETING BILL OF RIGHTS FOR TEENS AND FAIR INFORMATION
PRACTICES PRINCIPLES.
(a) Acts Prohibited.--It is unlawful for an operator of a website,
online service, online application, or mobile application directed to
minors, or an operator having actual knowledge that it is collecting
personal information from minors, to collect personal information from
minors unless such operator has adopted and implemented a Digital
Marketing Bill of Rights for Teens that--
(1) is consistent with the Fair Information Practices
Principles described in subsection (b); and
(2) balances the ability of minors to participate fully in
the digital media culture with the governmental and industry
obligation to ensure that operators of websites, online
services, online applications, and mobile applications do not
subject minors to unfair and deceptive surveillance, data
collection, or behavioral profiling.
(b) Fair Information Practices Principles.--The Fair Information
Practices Principles described in this subsection are the following:
(1) Collection limitation principle.--There should be
limits on the collection of personal information. Any such
information should be obtained by lawful and fair means and,
where appropriate, with the knowledge or consent of the subject
of the information.
(2) Data quality principle.--Personal information should be
relevant to the purposes for which the information is to be
used and, to the extent necessary for such purposes, should be
accurate, complete, and kept up-to-date.
(3) Purpose specification principle.--The purposes for
which personal information is collected should be specified not
later than at the time of the collection of the information.
The subsequent use of the information should be limited to the
fulfilment of--
(A) the purposes originally specified; or
(B) other purposes that are--
(i) compatible with such originally
specified purposes; and
(ii) specified in a notice to the subject
of the information before the information is
used for such other purposes.
(4) Use limitation principle.--Personal information should
not be disclosed, made available, or otherwise used for
purposes other than those specified in accordance with the
purpose limitation principle described in paragraph (3),
except--
(A) with the consent of the subject of the
information; or
(B) under specific legal authority.
(5) Security safeguards principle.--Personal information
should be protected by reasonable security safeguards against
risks such as loss or unauthorized access, destruction, use,
modification, or disclosure.
(6) Openness principle.--The operator should maintain a
general policy of openness about developments, practices, and
policies with respect to personal information. The operator
should provide each user of the website, online service, online
application, or mobile application of the operator with a means
of readily ascertaining--
(A) whether the operator possesses any personal
information of such user, the nature of any such
information, and the purposes for which the information
was obtained and is being retained;
(B) the identity of the operator; and
(C) the address of--
(i) in the case of an operator who is an
individual, the principal residence of the
operator; or
(ii) in the case of any other operator, the
principal place of business of the operator.
(7) Individual participation principle.--An individual
should have the right--
(A) to obtain any personal information of the
individual that is in the possession of the operator
from the operator, or from a person specified by the
operator, within a reasonable time after making a
request, at a charge (if any) that is not excessive, in
a reasonable manner, and in a form that is readily
intelligible to the individual;
(B) to be given by the operator, or person
specified by the operator--
(i) reasons for any denial of a request
under subparagraph (A); and
(ii) an opportunity to challenge such
denial;
(C) to challenge the accuracy of personal
information of the individual that is in the possession
of the operator; and
(D) if the individual establishes the inaccuracy of
personal information in a challenge under subparagraph
(C), to have the information erased, corrected,
completed, or otherwise amended.
(c) Regulations.--Not later than 1 year after the date of the
enactment of this Act, the Commission shall promulgate, under section
553 of title 5, United States Code, regulations to implement this
section.
SEC. 6. ONLINE COLLECTION OF GEOLOCATION INFORMATION OF CHILDREN AND
MINORS.
(a) Acts Prohibited.--
(1) In general.--It is unlawful for an operator of a
website, online service, online application, or mobile
application directed to children or minors, or an operator
having actual knowledge that it is collecting geolocation
information from children or minors, to collect geolocation
information from a child or minor in a manner that violates the
regulations prescribed under subsection (b).
(2) Disclosure to parent or minor protected.--
Notwithstanding paragraph (1), neither an operator 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 geolocation information under subparagraph
(C)(ii)(III) or (D)(ii)(III) of subsection (b)(1).
(b) Regulations.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, the Commission shall promulgate,
under section 553 of title 5, United States Code, regulations
that require an operator of a website, online service, online
application, or mobile application directed to children or
minors, or an operator having actual knowledge that it is
collecting geolocation information from children or minors--
(A) to provide clear and conspicuous notice in
clear and plain language of any geolocation information
the operator collects, how the operator uses such
information, and whether the operator discloses such
information;
(B) to establish procedures or mechanisms to ensure
that geolocation information is not collected from
children or minors except in accordance with
regulations promulgated under this paragraph;
(C) in the case of collection of geolocation
information from a child--
(i) prior to collecting such information,
to obtain verifiable parental consent; and
(ii) after collecting such information, to
provide to the parent of the child, upon
request by and proper identification of the
parent--
(I) a description of the
geolocation information collected from
the child by the operator;
(II) the opportunity at any time to
refuse to permit the further use or
maintenance in retrievable form, or
future collection, by the operator of
geolocation information from the child;
and
(III) a means that is reasonable
under the circumstances for the parent
to obtain any geolocation information
collected from the child, if such
information is available to the
operator at the time the parent makes
the request; and
(D) in the case of collection of geolocation
information from a minor--
(i) prior to collecting such information,
to obtain express authorization from such
minor; and
(ii) after collecting such information, to
provide to the minor, upon request--
(I) a description of the
geolocation information collected from
the minor by the operator;
(II) the opportunity at any time to
refuse to permit the further use or
maintenance in retrievable form, or
future collection, by the operator of
geolocation information from the minor;
and
(III) a means that is reasonable
under the circumstances for the minor
to obtain any geolocation information
collected from the minor, if such
information is available to the
operator at the time the minor makes
the request.
(2) When consent or authorization not required.--The
regulations promulgated under paragraph (1) shall provide that
verifiable parental consent under subparagraph (C)(i) of such
paragraph or express authorization under subparagraph (D)(i) of
such paragraph is not required when the collection of the
geolocation information of a child or minor is necessary, to
the extent permitted under other provisions of law, to provide
information to law enforcement agencies or for an investigation
on a matter related to public safety.
(3) Continuation of service.--The regulations promulgated
under paragraph (1) shall prohibit an operator from
discontinuing service provided to--
(A) a child on the basis of refusal by the parent
of the child, under subparagraph (C)(ii)(II) of such
paragraph, to permit the further use or maintenance in
retrievable form, or future online collection, of
geolocation information from the child by the operator,
to the extent that the operator is capable of providing
such service without such information; or
(B) a minor on the basis of refusal by the minor,
under subparagraph (D)(ii)(II) of such paragraph, to
permit the further use or maintenance in retrievable
form, or future online collection, of geolocation
information from the minor by the operator, to the
extent that the operator is capable of providing such
service without such information.
(c) Inconsistent State Law.--No State or local government may
impose any liability for commercial activities or actions by operators
in interstate or foreign commerce in connection with an activity or
action described in this section that is inconsistent with the
treatment of those activities or actions under this section.
SEC. 7. ERASER BUTTONS.
(a) Acts Prohibited.--It is unlawful for an operator of a website,
online service, online application, or mobile application to make
publicly available through the website, service, or application content
that contains or displays personal information of children or minors in
a manner that violates the regulations prescribed under subsection (b).
(b) Regulations.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, the Commission shall promulgate,
under section 553 of title 5, United States Code, regulations
that require an operator--
(A) to the extent technologically feasible, to
implement mechanisms that permit users of the website,
service, or application of the operator to erase or
otherwise eliminate content that is publicly available
through the website, service, or application and
contains or displays personal information of children
or minors; and
(B) to take appropriate steps to make users aware
of such mechanisms.
(2) Exception.--The regulations promulgated under paragraph
(1) may not require an operator to erase or otherwise eliminate
information that the operator is required to maintain under any
other provision of Federal or State law.
SEC. 8. ENFORCEMENT AND APPLICABILITY.
(a) Enforcement by the Commission.--
(1) In general.--Except as otherwise provided, this Act
shall be enforced by the Commission under the Federal Trade
Commission Act (15 U.S.C. 41 et seq.).
(2) Unfair or deceptive acts or practices.--Subject to
subsection (b), a violation of a regulation prescribed under
section 4(b), 5(c), 6(b), or 7(b) shall be treated as a
violation of a rule defining an unfair or deceptive act or
practice prescribed under section 18(a)(1)(B) of the Federal
Trade Commission Act (15 U.S.C. 57a(a)(1)(B)).
(3) Actions by the commission.--Subject to subsection (b),
the Commission shall prevent any person from violating a rule
of the Commission under section 4(b), 5(c), 6(b), or 7(b) in
the same manner, by the same means, 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 Act.
Any person who violates such rule shall be subject to the
penalties and entitled to the privileges and immunities
provided in the Federal Trade Commission Act.
(b) Enforcement by Certain Other Agencies.--Notwithstanding
subsection (a), compliance with the requirements imposed under this Act
shall be enforced as follows:
(1) Under section 8 of the Federal Deposit Insurance Act
(12 U.S.C. 1818) by the appropriate Federal banking agency,
with respect to an insured depository institution (as such
terms are defined in section 3 of such Act (12 U.S.C. 1813)).
(2) Under the Federal Credit Union Act (12 U.S.C. 1751 et
seq.) by the National Credit Union Administration Board, with
respect to any Federal credit union.
(3) Under part A of subtitle VII of title 49, United States
Code, by the Secretary of Transportation, with respect to any
air carrier or foreign air carrier subject to such part.
(4) Under the Packers and Stockyards Act, 1921 (7 U.S.C.
181 et seq.) (except as provided in section 406 of such Act (7
U.S.C. 226; 227)) by the Secretary of Agriculture, with respect
to any activities subject to such Act.
(5) Under the Farm Credit Act of 1971 (12 U.S.C. 2001 et
seq.) by the Farm Credit Administration, with respect to any
Federal land bank, Federal land bank association, Federal
intermediate credit bank, or production credit association.
(c) Enforcement by State Attorneys General.--
(1) In general.--
(A) 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 any
regulation of the Commission prescribed under section
4(b), 5(c), 6(b), or 7(b), 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 jurisdiction to--
(i) enjoin that practice;
(ii) enforce compliance with the
regulation;
(iii) obtain damage, restitution, or other
compensation on behalf of residents of the
State; or
(iv) obtain such other relief as the court
may consider to be appropriate.
(B) Notice.--
(i) In general.--Before filing an action
under subparagraph (A), the attorney general of
the State involved shall provide to the
Commission--
(I) written notice of that action;
and
(II) a copy of the complaint for
that action.
(ii) Exemption.--
(I) In general.--Clause (i) shall
not apply with respect to the filing of
an action by an attorney general of a
State under this paragraph, if the
attorney general determines that it is
not feasible to provide the notice
described in that clause before the
filing of the action.
(II) Notification.--In an action
described in subclause (I), the
attorney general of a State shall
provide notice and a copy of the
complaint to the Commission at the same
time as the attorney general files the
action.
(2) Intervention.--
(A) In general.--On receiving notice under
paragraph (1)(B), the Commission shall have the right
to intervene in the action that is the subject of the
notice.
(B) Effect of intervention.--If the Commission
intervenes in an action under paragraph (1), it shall
have the right--
(i) to be heard with respect to any matter
that arises in that action; and
(ii) to file a petition for appeal.
(3) Construction.--For purposes of bringing any civil
action under paragraph (1), nothing in this Act shall be
construed to prevent an attorney general of a State from
exercising the powers conferred on the attorney general by the
laws of that State to--
(A) conduct investigations;
(B) administer oaths or affirmations; or
(C) compel the attendance of witnesses or the
production of documentary and other evidence.
(4) Actions by the 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 4(b),
5(c), 6(b), or 7(b), no State may, during the pendency of that
action, institute an action under paragraph (1) against any
defendant named in the complaint in that action for violation
of that regulation.
(5) Venue; service of process.--
(A) Venue.--Any action brought under paragraph (1)
may be brought in the district court of the United
States that meets applicable requirements relating to
venue under section 1391 of title 28, United States
Code.
(B) Service of process.--In an action brought under
paragraph (1), process may be served in any district in
which the defendant--
(i) is an inhabitant; or
(ii) may be found.
(d) Telecommunications Carriers and Cable Operators.--
(1) Enforcement by ftc.--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 Act 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)).
(2) Relationship to other law.--To the extent that sections
222 and 631 of the Communications Act of 1934 (47 U.S.C. 222;
551) are inconsistent with this Act, this Act controls.
SEC. 9. DEFINITIONS.
(a) In General.--In this Act:
(1) Minor.--The term ``minor'' means an individual over the
age of 12 and under the age of 18.
(2) Targeted marketing.--The term ``targeted marketing''
means advertising or other efforts to market a product or
service that are directed to a specific individual or device--
(A) based on the personal information of the
individual or a unique identifier of the device; and
(B) as a result of use by the individual, or access
by the device, of a website, online service, online
application, or mobile application.
(b) Terms Defined by Commission.--In this Act, the terms ``directed
to minors'' and ``geolocation information'' shall have the meanings
given such terms by the Commission by regulation. Not later than 1 year
after the date of the enactment of this Act, the Commission shall
promulgate, under section 553 of title 5, United States Code,
regulations that define such terms broadly enough so that they are not
limited to current technology, consistent with the principles
articulated by the Commission regarding the definition of the term
``Internet'' in its statement of basis and purpose on the final rule
under the Children's Online Privacy Protection Act of 1998 (15 U.S.C.
6501 et seq.) promulgated on November 3, 1999 (64 Fed. Reg. 59891).
(c) Other Definitions.--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), shall apply in this Act.
SEC. 10. EFFECTIVE DATES.
(a) In General.--Except as provided in subsections (b) and (c),
this Act and the amendments made by this Act shall take effect on the
date that is 1 year after the date of the enactment of this Act.
(b) Authority To Promulgate Regulations.--The following shall take
effect on the date of the enactment of this Act:
(1) The amendments made by subsections (a)(5) and (b)(3)(A)
of section 3.
(2) Sections 4(b), 5(c), 6(b), 7(b), and 9(b).
(c) Digital Marketing Bill of Rights for Teens.--Section 5, except
for subsection (c) of such section, shall take effect on the date that
is 180 days after the promulgation of regulations under such
subsection.
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