I 
116TH CONGRESS 
2D SESSION 
H. R. 5573 
To amend the Children’s Online Privacy Protection Act of 1998. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 9, 2020 
Mr. WALBERG (for himself and Mr. RUSH) 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Preventing Real Online 
Threats Endangering Children Today’’ or the ‘‘PRO-
TECT Kids Act’’. 
SEC. 2. AMENDMENTS TO THE CHILDREN’S ONLINE PRI-
VACY PROTECTION ACT OF 1998. 
The Children’s Online Privacy Protection Act of 1998 
(15 U.S.C. 6501 et seq.) is amended— 
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(1) by inserting ‘‘, including a service provided 
through a mobile application,’’ after ‘‘online service’’ 
each place it appears; 
(2) in section 1302— 
(A) in paragraph (1), by striking ‘‘age of 
13’’ and inserting ‘‘age of 16’’; 
(B) in paragraph (8)— 
(i) in the matter preceding subpara-
graph (A), by inserting ‘‘including a serv-
ice provided through a mobile application’’ 
after ‘‘collected online’’; 
(ii) by redesignating subparagraphs 
(F) and (G) as subparagraphs (H) and (I), 
respectively; and 
(iii) by inserting after subparagraph 
(E) the following: 
‘‘(F) precise geolocation information; 
‘‘(G) biometric information;’’; and 
(C) by adding at the end the following: 
‘‘(13) MOBILE APPLICATION.—The term ‘mo-
bile application’ means a software program that 
runs on the operating system of— 
‘‘(A) a mobile telephone; 
‘‘(B) a tablet computer; or 
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‘‘(C) a similar portable computing device 
that transmits data over a wireless connection. 
‘‘(14) BIOMETRIC
INFORMATION.—The term 
‘biometric information’ means the record of any 
unique, immutable biological attribute or measure-
ment generated by automatic measurements of a 
consumer’s biological characteristics, including fin-
gerprints, genetic information, iris or retina pat-
terns, facial characteristics, or hand geometry, that 
are used to uniquely and durably authenticate the 
identity of a consumer when such consumer accesses 
a physical location, device, system, or account. 
‘‘(15) PRECISE GEOLOCATION INFORMATION.— 
The term ‘precise geolocation information’ means 
historical or real-time location information, or infer-
ences drawn from other information, capable of iden-
tifying the location of an individual or a consumer 
device of an individual with specificity sufficient to 
identify street level location information or an indi-
vidual’s or device’s location within a range of 1,640 
feet or less.’’; and 
(3) in section 1303(b)— 
(A) in paragraph (1)— 
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(i) in subparagraph (A)(I), by insert-
ing 
‘‘or 
mobile 
application’’ 
after 
‘‘website’’; and 
(ii) in subparagraph (B)(ii), by strik-
ing ‘‘use or maintenance in retrievable 
form, or future online collection’’ and in-
serting ‘‘collection or use’’; and 
(B) by amending paragraph (3) to read as 
follows: 
‘‘(3) CONTINUATION OF SERVICE.—The regula-
tions shall— 
‘‘(A) prohibit the operator of a website, on-
line service, or mobile application from termi-
nating service provided to a child whose parent 
has refused, under the regulations prescribed 
under paragraph (1)(B)(ii), to permit the oper-
ator’s further collection or use of personal in-
formation from that child, or has required such 
operator to delete such information; and 
‘‘(B) require the operator, upon request of 
a parent whose child has provided personal in-
formation to that website or, online service, in-
cluding a service provided through a mobile ap-
plication, upon proper identification of that par-
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ent, to delete any personal information collected 
from such child.’’. 
SEC. 3. FEDERAL TRADE COMMISSION STUDY. 
(a) IN GENERAL.— 
(1) Not later than 2 years after the date of en-
actment of this Act, the Commission shall conduct 
a study on the knowledge standard found in section 
1303(a)(1) of the Children’s Online Privacy Protec-
tion Act of 1998 (15 U.S.C. 6501 et seq). 
(2) In conducting such study, the Commission 
shall— 
(A) consider whether the existing knowl-
edge standard is still appropriate for accom-
plishing the goals of this Act; 
(B) consider the affect changing such 
knowledge standard will have on children’s on-
line privacy, including whether it will increase 
or decrease such privacy; 
(C) consider the feasibility of complying 
with any change to such knowledge standard; 
(D) whether any Federal agency has stud-
ied such change; and 
(E) whether any think tank or privacy ad-
vocacy or digital rights group has studied such 
a change. 
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(3) Based on the study, the Commission shall— 
(A) develop recommendations as to wheth-
er the knowledge standard should be changed; 
(B) develop recommendations as to what 
the new knowledge standard should be, if ap-
propriate; 
(C) provide the basis for its recommenda-
tion to change the knowledge standard, if ap-
propriate; 
(D) cite examples of Federal agency stud-
ies on changing the knowledge standard; and 
(E) cite examples of think tank or privacy 
advocacy or digital rights group studies on 
changing the knowledge standard. 
(b) REPORT TO CONGRESS.—Following completion of 
the study pursuant to subsection (a), the Commission shall 
report the results and recommendations to the Committee 
on Energy and Commerce of the House of Representatives 
and the Committee on Commerce, Science, and Transpor-
tation of the Senate. 
Æ 
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