I 
114TH CONGRESS 
1ST SESSION H. R. 2734 
To amend the Children’s Online Privacy Protection Act of 1998 to extend, 
enhance, and revise the provisions relating to collection, use, and disclo-
sure of personal information of children, to establish certain other protec-
tions for personal information of children and minors, and for other 
purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 11, 2015 
Mr. BARTON (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 to extend, enhance, and revise the provisions relat-
ing to collection, use, and disclosure of personal informa-
tion 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 Representa-
tives 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 2015’’. 
VerDate Sep 11 2014 
04:15 Jun 16, 2015
Jkt 049200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H2734.IH
H2734
smartinez on DSK4TPTVN1PROD with BILLS
SEC. 2. 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 fol-
lows: 
‘‘(2) OPERATOR.—The term ‘operator’— 
‘‘(A) means any person who, for commer-
cial purposes, in interstate or foreign commerce, 
operates or provides a website on the Internet, 
online service, online application, or mobile ap-
plication, and who— 
‘‘(i) collects or maintains, either di-
rectly or through a service provider, per-
sonal 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 op-
VerDate Sep 11 2014 
04:15 Jun 16, 2015
Jkt 049200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H2734.IH
H2734
smartinez on DSK4TPTVN1PROD with BILLS
erator is deemed to have collected the in-
formation); 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 
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: 
VerDate Sep 11 2014 
04:15 Jun 16, 2015
Jkt 049200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H2734.IH
H2734
smartinez on DSK4TPTVN1PROD with BILLS
line 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 2015, 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, con-
sistent with the principles articulated by the Com-
mission regarding the definition of the term ‘Inter-
net’ 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 De-
cember 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— 
VerDate Sep 11 2014 
04:15 Jun 16, 2015
Jkt 049200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H2734.IH
H2734
smartinez on DSK4TPTVN1PROD with BILLS
(1) by striking the heading and inserting the 
following: ‘‘ONLINE COLLECTION, USE, AND DIS-
CLOSURE
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 oper-
ator of a website, online service, online application, 
or mobile application directed to children, or an op-
erator having actual knowledge that personal infor-
mation being collected is from a child, to collect per-
sonal information from a child in a manner that vio-
lates 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: 
VerDate Sep 11 2014 
04:15 Jun 16, 2015
Jkt 049200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H2734.IH
H2734
smartinez on DSK4TPTVN1PROD with BILLS
‘‘(1) IN GENERAL.—Not later than 1 year after 
the date of the enactment of the Do Not Track Kids 
Act of 2015, 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 an operator having actual 
knowledge that personal information being collected 
is from a child— 
‘‘(A) to provide clear and conspicuous no-
tice 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 col-
lected from children except in accordance with 
the regulations promulgated under this para-
graph; 
‘‘(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 oper-
VerDate Sep 11 2014 
04:15 Jun 16, 2015
Jkt 049200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H2734.IH
H2734
smartinez on DSK4TPTVN1PROD with BILLS
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 
‘‘(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) not to condition participation in a 
game, or use of a website, service, or applica-
tion, 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, secu-
VerDate Sep 11 2014 
04:15 Jun 16, 2015
Jkt 049200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H2734.IH
H2734
smartinez on DSK4TPTVN1PROD with BILLS
rity, and integrity of personal information col-
lected from children.’’; 
(B) in paragraph (2)— 
(i) in the matter preceding subpara-
graph 
(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 regula-
tions 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 pre-
scribed under paragraph (1)(C)(ii), to permit the 
further use or maintenance in retrievable form, or 
future collection, by the operator of personal infor-
mation 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 
VerDate Sep 11 2014 
04:15 Jun 16, 2015
Jkt 049200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H2734.IH
H2734
smartinez on DSK4TPTVN1PROD with BILLS
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 pur-
poses of this title, except as permitted by the Com-
mission 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 redesig-
nating paragraphs (3) through (6) as para-
graphs (2) through (5), respectively; and 
(2) by adding at the end the following new sub-
section: 
‘‘(f) TELECOMMUNICATIONS CARRIERS AND CABLE 
OPERATORS.— 
VerDate Sep 11 2014 
04:15 Jun 16, 2015
Jkt 049200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H2734.IH
H2734
smartinez on DSK4TPTVN1PROD with BILLS
‘‘(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 re-
quirements imposed under this title shall be enforced 
by the Commission with respect to any telecommuni-
cations carrier (as defined in section 3 of the Com-
munications 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. 3. TARGETED MARKETING TO CHILDREN OR MINORS. 
(a) ACTS PROHIBITED.—It is unlawful for— 
(1) an operator of a website, online service, on-
line 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 pur-
poses without verifiable parental consent; or 
(2) an operator of a website, online service, on-
line application, or mobile application directed to mi-
nors, or an operator having actual knowledge that 
personal information being collected is from a minor, 
VerDate Sep 11 2014 
04:15 Jun 16, 2015
Jkt 049200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H2734.IH
H2734
smartinez on DSK4TPTVN1PROD with BILLS
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. 4. DIGITAL MARKETING BILL OF RIGHTS FOR TEENS 
AND FAIR INFORMATION PRACTICES PRIN-
CIPLES. 
(a) ACTS PROHIBITED.—It is unlawful for an oper-
ator of a website, online service, online application, or mo-
bile 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 con-
sistent with the Fair Information Practices Principles de-
scribed in subsection (b). 
(b) FAIR INFORMATION PRACTICES PRINCIPLES.— 
The Fair Information Practices Principles described in 
this subsection are the following: 
(1) COLLECTION LIMITATION PRINCIPLE.—Ex-
cept as provided in paragraph (3), personal informa-
VerDate Sep 11 2014 
04:15 Jun 16, 2015
Jkt 049200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H2734.IH
H2734
smartinez on DSK4TPTVN1PROD with BILLS
tion should be collected from a minor only when col-
lection of the personal information is— 
(A) consistent with the context of a par-
ticular transaction or service or the relationship 
of the minor with the operator, including collec-
tion 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 
VerDate Sep 11 2014 
04:15 Jun 16, 2015
Jkt 049200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H2734.IH
H2734
smartinez on DSK4TPTVN1PROD with BILLS
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 informa-
tion is used or disclosed for such other 
purposes. 
(4) RETENTION LIMITATION PRINCIPLE.—The 
personal information of a minor should not be re-
tained for longer than is necessary to fulfill a trans-
action 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 
VerDate Sep 11 2014 
04:15 Jun 16, 2015
Jkt 049200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H2734.IH
H2734
smartinez on DSK4TPTVN1PROD with BILLS
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 de-
velopments, practices, and policies with respect 
to the personal information of a minor. The op-
erator should provide each minor using the 
website, online service, online application, or 
mobile application of the operator with a clear 
and prominent means to do the following: 
(i) Identify and contact the operator. 
At minimum, the operator should disclose, 
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 op-
erator, the address of the principal 
place of business of the operator and 
an email address and telephone num-
ber for the operator. 
VerDate Sep 11 2014 
04:15 Jun 16, 2015
Jkt 049200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H2734.IH
H2734
smartinez on DSK4TPTVN1PROD with BILLS
(ii) 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) 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) Challenge the accuracy of per-
sonal information of the minor that is in 
the possession of the operator. 
(v) If the minor establishes the inac-
curacy of personal information in a chal-
lenge under clause (iv), have such informa-
tion erased, corrected, completed, or other-
wise amended. 
(B) LIMITATION.—Nothing in this para-
graph shall be construed to permit an operator 
to erase or otherwise modify personal informa-
VerDate Sep 11 2014 
04:15 Jun 16, 2015
Jkt 049200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H2734.IH
H2734
smartinez on DSK4TPTVN1PROD with BILLS
tion 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 those de-
scribed in subparagraphs (A) through (C) of 
paragraph (3); and 
(B) obtain affirmative express consent 
from a minor before using or disclosing pre-
viously 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 reg-
ulations further defining the Fair Information Practices 
Principles described in subsection (b). 
SEC. 5. ONLINE COLLECTION OF GEOLOCATION INFORMA-
TION OF CHILDREN AND MINORS. 
(a) ACTS PROHIBITED.— 
VerDate Sep 11 2014 
04:15 Jun 16, 2015
Jkt 049200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H2734.IH
H2734
smartinez on DSK4TPTVN1PROD with BILLS
(1) IN GENERAL.—It is unlawful for an oper-
ator 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 PRO-
TECTED.—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 dis-
closure 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 Commis-
sion shall promulgate, under section 553 of title 5, 
United States Code, regulations that require an op-
erator of a website, online service, online application, 
or mobile application directed to children or minors, 
or an operator having actual knowledge that 
VerDate Sep 11 2014 
04:15 Jun 16, 2015
Jkt 049200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6201
E:\BILLS\H2734.IH
H2734
smartinez on DSK4TPTVN1PROD with BILLS
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 oper-
ator uses such information, and whether the op-
erator discloses such information; 
(B) to establish procedures or mechanisms 
to ensure that geolocation information is not 
collected from children or minors except in ac-
cordance with regulations promulgated under 
this paragraph; 
(C) in the case of collection of geolocation 
information from a child— 
(i) prior to collecting such informa-
tion, 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; 
VerDate Sep 11 2014 
04:15 Jun 16, 2015
Jkt 049200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6201
E:\BILLS\H2734.IH
H2734
smartinez on DSK4TPTVN1PROD with BILLS
(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 par-
ent to obtain any geolocation informa-
tion collected from the child, if such 
information is available to the oper-
ator 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 informa-
tion, 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 
VerDate Sep 11 2014 
04:15 Jun 16, 2015
Jkt 049200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6201
E:\BILLS\H2734.IH
H2734
smartinez on DSK4TPTVN1PROD with BILLS
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 in-
formation is available to the operator 
at the time the minor makes the re-
quest. 
(2) WHEN CONSENT NOT REQUIRED.—The reg-
ulations promulgated under paragraph (1) shall pro-
vide that verifiable parental consent under subpara-
graph (C)(i) of such paragraph or affirmative ex-
press consent under subparagraph (D)(i) of such 
paragraph is not required when the collection of the 
geolocation information of a child or minor is nec-
essary, to the extent permitted under other provi-
sions of law, to provide information to law enforce-
ment agencies or for an investigation on a matter re-
lated to public safety. 
(3) CONTINUATION OF SERVICE.—The regula-
tions promulgated under paragraph (1) shall pro-
VerDate Sep 11 2014 
04:15 Jun 16, 2015
Jkt 049200
PO 00000
Frm 00021
Fmt 6652
Sfmt 6201
E:\BILLS\H2734.IH
H2734
smartinez on DSK4TPTVN1PROD with BILLS
hibit 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 fur-
ther use or maintenance in retrievable form, or 
future online collection, of geolocation informa-
tion from the child by the operator, to the ex-
tent 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 mainte-
nance in retrievable form, or future online col-
lection, 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 ac-
tivities or actions by operators in interstate or foreign 
commerce in connection with an activity or action de-
scribed in this section that is inconsistent with the treat-
ment of those activities or actions under this section. 
VerDate Sep 11 2014 
04:15 Jun 16, 2015
Jkt 049200
PO 00000
Frm 00022
Fmt 6652
Sfmt 6201
E:\BILLS\H2734.IH
H2734
smartinez on DSK4TPTVN1PROD with BILLS
SEC. 6. REMOVAL OF CONTENT. 
(a) ACTS PROHIBITED.—It is unlawful for an oper-
ator of a website, online service, online application, or mo-
bile 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 pre-
scribed under subsection (b). 
(b) REGULATIONS.— 
(1) IN GENERAL.—Not later than 1 year after 
the date of the enactment of this Act, the Commis-
sion shall promulgate, under section 553 of title 5, 
United States Code, regulations that require an op-
erator— 
(A) to the extent technologically feasible, 
to implement mechanisms that permit a user of 
the website, service, or application of the oper-
ator to erase or otherwise eliminate content or 
information submitted to the website, service, or 
application by such user that is publicly avail-
able 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 
VerDate Sep 11 2014 
04:15 Jun 16, 2015
Jkt 049200
PO 00000
Frm 00023
Fmt 6652
Sfmt 6201
E:\BILLS\H2734.IH
H2734
smartinez on DSK4TPTVN1PROD with BILLS
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 informa-
tion, including content or information submitted 
by such user that was republished or resub-
mitted by another person. 
(3) LIMITATION.—Nothing in this section shall 
be construed to limit the authority of a law enforce-
ment 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. 7. ENFORCEMENT AND APPLICABILITY. 
(a) ENFORCEMENT BY THE COMMISSION.— 
VerDate Sep 11 2014 
04:15 Jun 16, 2015
Jkt 049200
PO 00000
Frm 00024
Fmt 6652
Sfmt 6201
E:\BILLS\H2734.IH
H2734
smartinez on DSK4TPTVN1PROD with BILLS
(1) IN
GENERAL.—Except as otherwise pro-
vided, 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
PRAC-
TICES.—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. 
VerDate Sep 11 2014 
04:15 Jun 16, 2015
Jkt 049200
PO 00000
Frm 00025
Fmt 6652
Sfmt 6201
E:\BILLS\H2734.IH
H2734
smartinez on DSK4TPTVN1PROD with BILLS
(b) ENFORCEMENT
BY CERTAIN OTHER AGEN-
CIES.—Notwithstanding subsection (a), compliance with 
the requirements imposed under this Act shall be enforced 
as follows: 
(1) Under section 8 of the Federal Deposit In-
surance 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 Transpor-
tation, 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 activi-
ties subject to such Act. 
(5) Under the Farm Credit Act of 1971 (12 
U.S.C. 2001 et seq.) by the Farm Credit Adminis-
tration, with respect to any Federal land bank, Fed-
VerDate Sep 11 2014 
04:15 Jun 16, 2015
Jkt 049200
PO 00000
Frm 00026
Fmt 6652
Sfmt 6201
E:\BILLS\H2734.IH
H2734
smartinez on DSK4TPTVN1PROD with BILLS
eral land bank association, Federal intermediate 
credit bank, or production credit association. 
(c) ENFORCEMENT
BY STATE ATTORNEYS GEN-
ERAL.— 
(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 af-
fected 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.— 
VerDate Sep 11 2014 
04:15 Jun 16, 2015
Jkt 049200
PO 00000
Frm 00027
Fmt 6652
Sfmt 6201
E:\BILLS\H2734.IH
H2734
smartinez on DSK4TPTVN1PROD with BILLS
(i) IN GENERAL.—Before filing an ac-
tion 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 fil-
ing of an action by an attorney gen-
eral 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 ac-
tion described in subclause (I), the at-
torney 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.— 
VerDate Sep 11 2014 
04:15 Jun 16, 2015
Jkt 049200
PO 00000
Frm 00028
Fmt 6652
Sfmt 6201
E:\BILLS\H2734.IH
H2734
smartinez on DSK4TPTVN1PROD with BILLS
(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 para-
graph (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 gen-
eral 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 evi-
dence. 
(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 reg-
ulation prescribed under this Act, no State may, 
VerDate Sep 11 2014 
04:15 Jun 16, 2015
Jkt 049200
PO 00000
Frm 00029
Fmt 6652
Sfmt 6201
E:\BILLS\H2734.IH
H2734
smartinez on DSK4TPTVN1PROD with BILLS
during the pendency of that action, institute an ac-
tion 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 re-
quirements imposed under this Act shall be enforced 
by the Commission with respect to any telecommuni-
cations carrier (as defined in section 3 of the Com-
munications Act of 1934 (47 U.S.C. 153)). 
VerDate Sep 11 2014 
04:15 Jun 16, 2015
Jkt 049200
PO 00000
Frm 00030
Fmt 6652
Sfmt 6201
E:\BILLS\H2734.IH
H2734
smartinez on DSK4TPTVN1PROD with BILLS
(2) RELATIONSHIP TO OTHER LAW.—To the ex-
tent that sections 222, 338(i), and 631 of the Com-
munications Act of 1934 (47 U.S.C. 222; 338(i); 
551) are inconsistent with this Act, this Act con-
trols. 
SEC. 8. RULE FOR TREATMENT OF USERS OF WEBSITES, 
SERVICES, AND APPLICATIONS DIRECTED TO 
CHILDREN OR MINORS. 
An operator of a website, online service, online appli-
cation, 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 Commis-
sion by a regulation promulgated under this Act. 
SEC. 9. DEFINITIONS. 
(a) IN GENERAL.—In this Act: 
(1) MINOR.—The term ‘‘minor’’ means an indi-
vidual over the age of 12 and under the age of 16. 
(2) TARGETED
MARKETING.—The term ‘‘tar-
geted 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 de-
vice; and 
VerDate Sep 11 2014 
04:15 Jun 16, 2015
Jkt 049200
PO 00000
Frm 00031
Fmt 6652
Sfmt 6201
E:\BILLS\H2734.IH
H2734
smartinez on DSK4TPTVN1PROD with BILLS
(B) as a result of use by the individual, or 
access by the device, of a website, online serv-
ice, online application, or mobile application. 
(b) TERMS DEFINED BY COMMISSION.—In this Act, 
the terms ‘‘directed to minors’’ and ‘‘geolocation informa-
tion’’ 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, con-
sistent 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 Protec-
tion Act of 1998 (15 U.S.C. 6501), as amended by section 
2(a), shall apply in this Act, except to the extent the Com-
mission provides otherwise by regulations issued under 
section 553 of title 5, United States Code. 
VerDate Sep 11 2014 
04:15 Jun 16, 2015
Jkt 049200
PO 00000
Frm 00032
Fmt 6652
Sfmt 6201
E:\BILLS\H2734.IH
H2734
smartinez on DSK4TPTVN1PROD with BILLS
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 enact-
ment of this Act: 
(1) The amendments made by subsections 
(a)(5) and (b)(3)(A) of section 2. 
(2) Sections 3(b), 4(c), 5(b), and 6(b). 
(3) Subsections (b) and (c) of section 9. 
(c) DIGITAL MARKETING BILL
OF RIGHTS
FOR 
TEENS.—Section 4, except for subsection (c) of such sec-
tion, shall take effect on the date that is 180 days after 
the promulgation of regulations under such subsection. 
Æ 
VerDate Sep 11 2014 
04:15 Jun 16, 2015
Jkt 049200
PO 00000
Frm 00033
Fmt 6652
Sfmt 6301
E:\BILLS\H2734.IH
H2734
smartinez on DSK4TPTVN1PROD with BILLS