[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1700 Introduced in Senate (IS)]

113th CONGRESS
  1st Session
                                S. 1700

   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, to establish 
  certain other protections for personal information of children and 
                    minors, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 14, 2013

 Mr. Markey (for himself, Mr. Kirk, and Mr. Blumenthal) introduced the 
 following bill; which was read twice and referred to the Committee on 
                 Commerce, Science, and Transportation

_______________________________________________________________________

                                 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, to establish 
  certain other protections for personal information of children and 
                    minors, and for other purposes.

    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 2013''.

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 and teens are visiting numerous companies' 
        websites, and marketers are using multimedia games, online 
        quizzes, and mobile phone and tablet applications to create 
        ties to children and teens.
            (5) 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.
            (6) 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.
            (7) 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.
            (8) Children and teens lack the cognitive ability to 
        distinguish advertising from program content and to understand 
        that the purpose of advertising is to persuade them, making 
        them unable to activate the defenses on which adults rely.
            (9) Children and teens are less able than adults to 
        understand the potential long-term consequences of having their 
        information available to third parties, including advertisers, 
        and other individuals.
            (10) According to Common Sense Media and the Center for 
        Digital Democracy, 90 percent of teens have used some form of 
        social media, 75 percent have a social networking site, and 51 
        percent check their social networking site at least once a day.
            (11) Ninety-one percent of parents and 91 percent of adults 
        believe it is not okay for advertisers to collect information 
        about a child's location from that child's mobile phone.
            (12) Ninety-four percent of parents and 91 percent of 
        adults agree that advertisers should receive the parent's 
        permission before putting tracking software on a child's 
        computer.
            (13) Ninety-six percent of parents and 94 percent of adults 
        expressed disapproval when asked if it is ``okay for a website 
        to ask children for personal information about their friends''.
            (14) 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.
            (15) 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, after a specific 
        period of time, of all of their personal information held by an 
        online search engine, social networking site, or marketing 
        company.
            (16) According to a Pew/Berkman Center poll, 69 percent of 
        parents of teens who engage in online activity are concerned 
        about how that activity might affect their children's future 
        academic or employment opportunities.
            (17) Eighty-one percent of parents of teens who engage in 
        online activity say they are concerned about how much 
        information advertisers can learn about their children's online 
        activity.

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--
                            ``(i) collects or maintains, either 
                        directly or through a service provider, 
                        personal information from or about the users of 
                        such website, service, or application;
                            ``(ii) allows another person to collect 
                        personal information directly from users of 
                        such website, service, or application (in which 
                        case the operator is deemed to have collected 
                        the information); or
                            ``(iii) allows users of such 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).'';
            (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 an 
                individual, 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 such terms 
        by the Commission by regulation. Not later than 1 year after 
        the date of the enactment of the Do Not Track Kids Act of 2013, 
        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 personal information being collected is from a 
        child, 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 2013, 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 personal information being collected is from a 
        child--
                    ``(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 paragraph (2)--
                            (i) in the matter preceding subparagraph 
                        (A), by striking ``paragraph (1)(A)(ii)'' and 
                        inserting ``paragraph (1)(B)''; and
                            (ii) in subparagraph (A), by inserting ``or 
                        to contact a different child'' after ``to 
                        recontact the child'';
                    (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.''; 
        and
                    (D) by adding at the end the following:
            ``(4) Rule for treatment of users of websites, services, 
        and applications directed to children.--An operator of a 
        website, online service, online application, or mobile 
        application that is directed to children shall treat all users 
        of such website, service, or application as children for 
        purposes of this title, except as permitted by the Commission 
        by a regulation promulgated under this title.''.
    (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, 338(i), and 631 of the Communications Act of 1934 
        (47 U.S.C. 222; 338(i); 551) are inconsistent with this title, 
        this title controls.''.

SEC. 4. TARGETED MARKETING TO CHILDREN OR MINORS.

    (a) Acts Prohibited.--It is unlawful for--
            (1) an operator of a website, online service, online 
        application, or mobile application directed to children, or an 
        operator having actual knowledge that personal information 
        being collected is from a child, to use, disclose to third 
        parties, or compile personal information for targeted marketing 
        purposes without verifiable parental consent; or
            (2) an operator of a website, online service, online 
        application, or mobile application directed to minors, or an 
        operator having actual knowledge that personal information 
        being collected is from a minor, to use, disclose to third 
        parties, or compile personal information for targeted marketing 
        purposes without the consent of the minor.
    (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 personal 
information being collected is from a minor, to collect personal 
information from a minor unless such operator has adopted and complies 
with a Digital Marketing Bill of Rights for Teens that is consistent 
with the Fair Information Practices Principles described in subsection 
(b).
    (b) Fair Information Practices Principles.--The Fair Information 
Practices Principles described in this subsection are the following:
            (1) Collection limitation principle.--Except as provided in 
        paragraph (3), personal information should be collected from a 
        minor only when collection of the personal information is--
                    (A) consistent with the context of a particular 
                transaction or service or the relationship of the minor 
                with the operator, including collection necessary to 
                fulfill a transaction or provide a service requested by 
                the minor; or
                    (B) required or specifically authorized by law.
            (2) Data quality principle.--The personal information of a 
        minor should be accurate, complete, and kept up-to-date to the 
        extent necessary to fulfill the purposes described in 
        subparagraphs (A) through (D) of paragraph (3).
            (3) Purpose specification principle.--The purposes for 
        which personal information is collected should be specified to 
        the minor not later than at the time of the collection of the 
        information. The subsequent use or disclosure of the 
        information should be limited to--
                    (A) fulfillment of the transaction or service 
                requested by the minor;
                    (B) support for the internal operations of the 
                website, service, or application, as described in 
                section 312.2 of title 16, Code of Federal Regulations;
                    (C) compliance with legal process or other purposes 
                expressly authorized under specific legal authority; or
                    (D) other purposes--
                            (i) that are specified in a notice to the 
                        minor; and
                            (ii) to which the minor has consented under 
                        paragraph (7) before the information is used or 
                        disclosed for such other purposes.
            (4) Retention limitation principle.--The personal 
        information of a minor should not be retained for longer than 
        is necessary to fulfill a transaction or provide a service 
        requested by the minor or such other purposes specified in 
        subparagraphs (A) through (D) of paragraph (3). The operator 
        should implement a reasonable and appropriate data disposal 
        policy based on the nature and sensitivity of such personal 
        information.
            (5) Security safeguards principle.--The personal 
        information of a minor should be protected by reasonable and 
        appropriate security safeguards against risks such as loss or 
        unauthorized access, destruction, use, modification, or 
        disclosure.
            (6) Openness principle.--
                    (A) In general.--The operator should maintain a 
                general policy of openness about developments, 
                practices, and policies with respect to the personal 
                information of a minor. The operator should provide 
                each minor using the website, online service, online 
                application, or mobile application of the operator with 
                a clear and prominent means--
                            (i) to identify and contact the operator, 
                        by, at a minimum, disclosing, clearly and 
                        prominently, the identity of the operator and--
                                    (I) in the case of an operator who 
                                is an individual, the address of the 
                                principal residence of the operator and 
                                an email address and telephone number 
                                for the operator; or
                                    (II) in the case of any other 
                                operator, the address of the principal 
                                place of business of the operator and 
                                an email address and telephone number 
                                for the operator;
                            (ii) to determine whether the operator 
                        possesses any personal information of the 
                        minor, the nature of any such information, and 
                        the purposes for which the information was 
                        collected and is being retained;
                            (iii) to obtain any personal information of 
                        the minor 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 minor;
                            (iv) to challenge the accuracy of personal 
                        information of the minor that is in the 
                        possession of the operator; and
                            (v) if the minor establishes the inaccuracy 
                        of personal information in a challenge under 
                        clause (iv), to have such information erased, 
                        corrected, completed, or otherwise amended.
                    (B) Limitation.--Nothing in this paragraph shall be 
                construed to permit an operator to erase or otherwise 
                modify personal information requested by a law 
                enforcement agency pursuant to legal authority.
            (7) Individual participation principle.--The operator 
        should--
                    (A) obtain consent from a minor before using or 
                disclosing the personal information of the minor for 
                any purpose other than the purposes described in 
                subparagraphs (A) through (C) of paragraph (3); and
                    (B) obtain affirmative express consent from a minor 
                before using or disclosing previously collected 
                personal information of the minor for purposes that 
                constitute a material change in practice from the 
                original purposes specified to the minor under 
                paragraph (3).
    (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, including regulations further defining the Fair Information 
Practices Principles described in subsection (b).

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 geolocation information being 
        collected is from a child or minor, 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 geolocation 
        information being collected is from a child or minor--
                    (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 affirmative express consent 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 not required.--The regulations promulgated 
        under paragraph (1) shall provide that verifiable parental 
        consent under subparagraph (C)(i) of such paragraph or 
        affirmative express consent 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. REMOVAL OF CONTENT.

    (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 
or information 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 a user of the website, 
                service, or application of the operator to erase or 
                otherwise eliminate content or information submitted to 
                the website, service, or application by such user 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 and to provide notice to users that 
                such mechanisms do not necessarily provide 
                comprehensive removal of the content or information 
                submitted by such users.
            (2) Exception.--The regulations promulgated under paragraph 
        (1) may not require an operator or third party to erase or 
        otherwise eliminate content or information that--
                    (A) any other provision of Federal or State law 
                requires the operator or third party to maintain; or
                    (B) was submitted to the website, service, or 
                application of the operator by any person other than 
                the user who is attempting to erase or otherwise 
                eliminate such content or information, including 
                content or information submitted by such user that was 
                republished or resubmitted by another person.
            (3) Limitation.--Nothing in this section shall be construed 
        to limit the authority of a law enforcement agency to obtain 
        any content or information from an operator as authorized by 
        law or pursuant to an order of a court of competent 
        jurisdiction.

SEC. 8. ENFORCEMENT AND APPLICABILITY.

    (a) Enforcement by the Commission.--
            (1) In general.--Except as otherwise provided, this Act and 
        the regulations prescribed under 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 this Act or a regulation 
        prescribed under this Act 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), 
        and except as provided in subsection (d)(1), the Commission 
        shall prevent any person from violating this Act or a 
        regulation prescribed under this Act 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, and any person who violates 
        this Act or such regulation 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 this Act or a 
                regulation prescribed under this Act, 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 this Act or 
                        such regulation;
                            (iii) obtain damages, 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 this Act or a regulation prescribed under this 
        Act, no State may, during the pendency of that action, 
        institute an action under paragraph (1) against any defendant 
        named in the complaint in the action instituted by or on behalf 
        of the Commission for that violation.
            (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, 338(i), and 631 of the Communications Act of 1934 (47 
        U.S.C. 222; 338(i); 551) are inconsistent with this Act, this 
        Act controls.

SEC. 9. RULE FOR TREATMENT OF USERS OF WEBSITES, SERVICES, AND 
              APPLICATIONS DIRECTED TO CHILDREN OR MINORS.

    An operator of a website, online service, online application, or 
mobile application that is directed to children or minors shall treat 
all users of such website, service, or application as children or 
minors (as the case may be) for purposes of this Act, except as 
permitted by the Commission by a regulation promulgated under this Act.

SEC. 10. 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 16.
            (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, except to 
the extent the Commission provides otherwise by regulations issued 
under section 553 of title 5, United States Code.

SEC. 11. 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), and 7(b).
            (3) Subsections (b) and (c) of section 10.
    (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>