I 
115TH CONGRESS 
2D SESSION 
H. R. 5930 
To strengthen protections relating to the online collection, use, and disclosure 
of personal information of children and minors, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 23, 2018 
Mr. BARTON (for himself and Mr. RUSH) introduced the following bill; which 
was referred to the Committee on Energy and Commerce 
A BILL 
To strengthen protections relating to the online collection, 
use, and disclosure of personal information of children 
and minors, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Do Not Track Kids Act of 2018’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Definitions. 
Sec. 3. Online collection, use, and disclosure of personal information of children 
and minors. 
Sec. 4. Fair Information Practices Principles. 
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Sec. 5. Digital Marketing Bill of Rights for Minors. 
Sec. 6. Targeted marketing to children or minors. 
Sec. 7. Removal of content. 
Sec. 8. Privacy dashboard for connected devices for children and minors. 
Sec. 9. Prohibition on sale of connected devices for children and minors that 
fail to meet appropriate cybersecurity and data security stand-
ards. 
Sec. 10. Rule for treatment of users of websites, services, and applications di-
rected to children or minors. 
Sec. 11. Enforcement and applicability. 
Sec. 12. Effective dates. 
SEC. 2. DEFINITIONS. 
(a) IN GENERAL.—In this Act: 
(1) COMMISSION.—The term ‘‘Commission’’ 
means the Federal Trade Commission. 
(2) STANDARDS.—The term ‘‘standards’’ means 
benchmarks, guidelines, best practices, methodolo-
gies, procedures, and processes. 
(b) OTHER DEFINITIONS.—The definitions set forth 
in section 1302 of the Children’s Online Privacy Protec-
tion Act of 1998 (15 U.S.C. 6501), as amended by section 
3(a) of this Act, shall apply in this Act, except to the ex-
tent the Commission provides otherwise by regulations 
issued under section 553 of title 5, United States Code. 
SEC. 3. ONLINE COLLECTION, USE, AND DISCLOSURE OF 
PERSONAL INFORMATION OF CHILDREN AND 
MINORS. 
(a) DEFINITIONS.—Section 1302 of the Children’s 
Online Privacy Protection Act of 1998 (15 U.S.C. 6501) 
is amended— 
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(1) by amending paragraph (2) to read as fol-
lows: 
‘‘(2) OPERATOR.—The term ‘operator’— 
‘‘(A) means any person— 
‘‘(i) who, for commercial purposes, in 
interstate or foreign commerce— 
‘‘(I) 
operates 
or 
provides 
a 
website on the Internet, an online 
service, an online application, or a 
mobile application; or 
‘‘(II) manufactures a connected 
device; and 
‘‘(ii) who— 
‘‘(I) collects or maintains, either 
directly or through a service provider, 
personal information from or about 
the users of that website, service, ap-
plication, or connected device; 
‘‘(II) allows another person to 
collect personal information directly 
from users of that website, service, 
application, or connected device (in 
which case, the operator is deemed to 
have collected the information); or 
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‘‘(III) 
allows 
users 
of 
that 
website, service, application, or con-
nected device to publicly disclose per-
sonal 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 Commis-
sion 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 
collected from a child or minor for any purpose, 
except where the personal information is pro-
vided to a person other than an operator who— 
‘‘(i) provides support for the internal 
operations of the website, online service, 
online application, or mobile application of 
the operator, excluding any activity relat-
ing to targeted marketing directed to chil-
dren, minors, or connected devices; and 
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‘‘(B) before the personal information of the 
child or minor is collected, authorizes— 
‘‘(i) the collection, use, and disclosure, 
as applicable, of that personal information; 
and 
‘‘(ii) any subsequent use of that per-
sonal information.’’; 
(5) by striking paragraph (10) and redesig-
nating paragraphs (11) and (12) as paragraphs (10) 
and (11), respectively; and 
(6) by adding at the end the following: 
‘‘(12) CONNECTED
DEVICE.—The term ‘con-
nected device’ means a device that is— 
‘‘(A) capable of connecting to the Internet, 
directly or indirectly, or to another connected 
device; and 
‘‘(B) directed towards a child or minor. 
‘‘(13) ONLINE; ONLINE APPLICATION; ONLINE 
SERVICE; DIRECTED TO A CHILD; DIRECTED TO A 
MINOR; MOBILE APPLICATION.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graphs (C) and (D), the terms ‘online’, ‘online 
application’, ‘online service’, ‘directed to a 
child’, ‘directed to a minor’, and ‘mobile appli-
cation’ shall have the meanings given those 
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terms by regulation promulgated by the Com-
mission under subparagraph (B). 
‘‘(B) PROMULGATION OF REGULATIONS.— 
Not later than 1 year after the date of the en-
actment of the Do Not Track Kids Act of 2018, 
the Commission shall promulgate, under section 
553 of title 5, United States Code, regulations 
that define the terms described in subparagraph 
(A) broadly enough to ensure that the terms 
are not limited to current technology, consistent 
with— 
‘‘(i) the principles articulated by the 
Commission regarding the definition of the 
term ‘Internet’ in the statement of basis 
and purpose on the final rule under this 
title promulgated on November 3, 1999 
(64 Fed. Reg. 59891); and 
‘‘(ii) the principles articulated by the 
Commission regarding the definition of the 
term ‘directed to children’ in the statement 
of basis and purpose on the final rule 
under this title promulgated on January 
17, 2013 (78 Fed. Reg. 3972). 
‘‘(C) ONLINE SERVICE.—The definition of 
the term ‘online service’ in the regulations pro-
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mulgated under subparagraph (B) shall include 
broadband Internet access service (as defined in 
the Report and Order on Remand, Declaratory 
Ruling, and Order in the matter of protecting 
and promoting the open Internet, adopted by 
the Federal Communications Commission on 
February 26, 2015 (FCC 15–24)). 
‘‘(D) ONLINE APPLICATION; ONLINE SERV-
ICE; MOBILE APPLICATION.—The terms ‘online 
service’, ‘online application’, and ‘mobile appli-
cation’ include a service or application offered 
via a connected device. 
‘‘(14) GEOLOCATION INFORMATION.—The term 
‘geolocation information’ means information suffi-
cient to identify a street name and name of a city 
or town. 
‘‘(15) MINOR.—The term ‘minor’ means an in-
dividual over the age of 12 and under the age of 16. 
‘‘(16) TARGETED MARKETING.—The term ‘tar-
geted marketing’ means advertising or any other ef-
fort to market a product or service that is directed 
to a specific individual or device— 
‘‘(A) based on the personal information of 
the individual or a unique identifier of the de-
vice; and 
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‘‘(B) as a result of use by the individual, 
or access by the device, of— 
‘‘(i) a website; 
‘‘(ii) an online service; 
‘‘(iii) an online application; or 
‘‘(iv) a mobile application.’’. 
(b) ONLINE COLLECTION, USE, AND DISCLOSURE OF 
PERSONAL INFORMATION OF CHILDREN AND MINORS.— 
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 DIS-
CLOSURE
OF
PERSONAL
INFORMATION
OF 
CHILDREN AND MINORS.’’; 
(2) in subsection (a)— 
(A) by amending paragraph (1) to read as 
follows: 
‘‘(1) IN GENERAL.—It is unlawful for an oper-
ator of a website, online service, online application, 
or mobile application directed to a child or minor, or 
an operator having actual knowledge that personal 
information being collected is from a child or minor, 
to collect personal information from a child or minor 
in a manner that violates the regulations prescribed 
under subsection (b).’’; and 
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(B) in paragraph (2)— 
(i) by striking ‘‘of such a website or 
online service’’; and 
(ii) 
by 
striking 
‘‘subsection 
(b)(1)(B)(iii) to the parent of a child’’ and 
inserting ‘‘subsection (b)(1)(C)(iii) to the 
parent of a child or under subsection 
(b)(1)(D)(iii) to a minor’’; 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 2018, the Commission shall promulgate, 
under section 553 of title 5, United States Code, 
regulations to require an operator of a website, on-
line service, online application, or mobile application 
directed to children or minors, or an operator having 
actual knowledge that personal information being 
collected is from a child or minor— 
‘‘(A) to provide clear and conspicuous no-
tice in clear and plain language of— 
‘‘(i) the types of personal information 
the operator collects; 
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‘‘(ii) how the operator uses the infor-
mation; 
‘‘(iii) whether the operator discloses 
the information; and 
‘‘(iv) the procedures or mechanisms 
the operator uses to ensure that personal 
information is not collected from children 
or minors except in accordance with the 
regulations promulgated under this para-
graph; 
‘‘(B) to obtain verifiable consent for the 
collection, use, or disclosure of personal infor-
mation of a child or minor; 
‘‘(C) to provide to a parent whose child 
has provided personal information to the oper-
ator, 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 mainte-
nance in retrievable form, or future collec-
tion, by the operator of personal informa-
tion collected from the child; and 
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‘‘(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 avail-
able to the operator at the time the parent 
makes the request; 
‘‘(D) to provide to a minor who has pro-
vided personal information to the operator, 
upon request by and proper identification of the 
minor— 
‘‘(i) a description of the specific types 
of personal information collected from the 
minor by the operator; 
‘‘(ii) the opportunity at any time to 
refuse to permit the further use or mainte-
nance in retrievable form, or future collec-
tion, by the operator of personal informa-
tion collected from the minor; and 
‘‘(iii) a means that is reasonable 
under the circumstances for the minor to 
obtain any personal information collected 
from the minor, if such information is 
available to the operator at the time the 
minor makes the request; 
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‘‘(E) not to condition participation in a 
game, or use of a website, service, or applica-
tion, by a child or minor on the provision by the 
child or minor of more personal information 
than is reasonably required to participate in the 
game or use the website, service, or application; 
and 
‘‘(F) to establish and maintain reasonable 
procedures to protect the confidentiality, secu-
rity, and integrity of personal information col-
lected from children and minors.’’; 
(B) in paragraph (2)— 
(i) in the matter preceding subpara-
graph (A), by striking ‘‘verifiable parental 
consent under paragraph (1)(A)(ii)’’ and 
inserting ‘‘verifiable consent under para-
graph (1)(B)’’; and 
(ii) in subparagraph (A)— 
(I) by inserting ‘‘or minor’’ after 
‘‘collected from a child’’; 
(II) by inserting ‘‘or minor’’ after 
‘‘request from the child’’; and 
(III) by inserting ‘‘or minor or to 
contact a different child or minor’’ 
after ‘‘to recontact the child’’; 
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(iii) in subparagraph (B)— 
(I) by striking ‘‘parent or child’’ 
and 
inserting 
‘‘parent, 
child, 
or 
minor’’; and 
(II) by striking ‘‘parental con-
sent’’ each place the term appears and 
inserting ‘‘verifiable consent’’; 
(iv) in subparagraph (C)— 
(I) in the matter preceding clause 
(i), by inserting ‘‘or minor’’ after 
‘‘child’’ each place the term appears; 
(II) in clause (i)— 
(aa) by inserting ‘‘or minor’’ 
after ‘‘child’’ each place the term 
appears; and 
(bb) by inserting ‘‘or minor, 
as applicable,’’ after ‘‘parent’’ 
each place the term appears; and 
(III) in clause (ii)— 
(aa) by inserting ‘‘or minor, 
as applicable,’’ after ‘‘parent’’; 
and 
(bb) by inserting ‘‘or minor’’ 
after ‘‘child’’ each place the term 
appears; and 
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(v) in subparagraph (D)— 
(I) in the matter preceding clause 
(i), by inserting ‘‘or minor’’ after 
‘‘child’’ each place the term appears; 
(II) in clause (ii), by inserting 
‘‘or minor’’ after ‘‘child’’; and 
(III) in the flush text following 
clause (iii)— 
(aa) by inserting ‘‘or minor, 
as applicable,’’ after ‘‘parent’’ 
each place the term appears; and 
(bb) by inserting ‘‘or minor’’ 
after ‘‘child’’; and 
(C) by amending paragraph (3) to read as 
follows: 
‘‘(3) CONTINUATION OF SERVICE.—The regula-
tions shall prohibit an operator from discontinuing 
service provided to a child or minor on the basis of 
refusal by the parent of the child or by the minor, 
under the regulations prescribed under subpara-
graphs (C)(ii) and (D)(ii) of paragraph (1), respec-
tively, to permit the further use or maintenance in 
retrievable form, or future collection, by the operator 
of personal information collected from the child or 
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minor, to the extent that the operator is capable of 
providing such service without such information.’’. 
(c) SAFE HARBORS.—Section 1304 of the Children’s 
Online Privacy Protection Act of 1998 (15 U.S.C. 6503) 
is amended— 
(1) in subsection (b)(1), by inserting ‘‘and mi-
nors’’ after ‘‘children’’; and 
(2) by adding at the end the following: 
‘‘(d) PUBLICATION.—The Commission shall publish 
on the internet website of the Commission any report or 
documentation required by regulation to be submitted to 
the Commission to carry out this section, except to the 
extent that the report or documentation contains propri-
etary information, which the Commission may in its dis-
cretion redact.’’. 
(d) 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 those terms are defined in sec-
tion 3 of that Act (12 U.S.C. 1813));’’; and 
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