[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.
                                 <all>