(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. 
SEC. 7. ERASER BUTTONS. 
(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 that contains or 
displays personal information of children or minors in a 
manner that violates the regulations prescribed under sub-
section (b). 
(b) REGULATIONS.— 
(1) IN GENERAL.—Not later than 1 year after 
the date of the enactment of this Act, the Commis-
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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 users of 
the website, service, or application of the oper-
ator to erase or otherwise eliminate content 
that is publicly available through the website, 
service, or application and contains or displays 
personal information of children or minors; and 
(B) to take appropriate steps to make 
users aware of such mechanisms. 
(2) EXCEPTION.—The regulations promulgated 
under paragraph (1) may not require an operator to 
erase or otherwise eliminate information that the op-
erator is required to maintain under any other provi-
sion of Federal or State law. 
SEC. 8. ENFORCEMENT AND APPLICABILITY. 
(a) ENFORCEMENT BY THE COMMISSION.— 
(1) IN
GENERAL.—Except as otherwise pro-
vided, 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 a 
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regulation prescribed under section 4(b), 5(c), 6(b), 
or 7(b) shall be treated as a violation of a rule defin-
ing an unfair or deceptive act or practice prescribed 
under section 18(a)(1)(B) of the Federal Trade 
Commission Act (15 U.S.C. 57a(a)(1)(B)). 
(3) ACTIONS BY THE COMMISSION.—Subject to 
subsection (b), the Commission shall prevent any 
person from violating a rule of the Commission 
under section 4(b), 5(c), 6(b), or 7(b) in the same 
manner, by the same means, and with the same ju-
risdiction, powers, and duties as though all applica-
ble terms and provisions of the Federal Trade Com-
mission Act (15 U.S.C. 41 et seq.) were incor-
porated into and made a part of this Act. Any per-
son who violates such rule shall be subject to the 
penalties and entitled to the privileges and immuni-
ties provided in the Federal Trade Commission Act. 
(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 
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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-
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 
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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 any regulation of the 
Commission prescribed under section 4(b), 5(c), 
6(b), or 7(b), the State, as parens patriae, may 
bring a civil action on behalf of the residents of 
the State in a district court of the United 
States of appropriate jurisdiction to— 
(i) enjoin that practice; 
(ii) enforce compliance with the regu-
lation; 
(iii) obtain damage, restitution, or 
other compensation on behalf of residents 
of the State; or 
(iv) obtain such other relief as the 
court may consider to be appropriate. 
(B) NOTICE.— 
(i) IN GENERAL.—Before filing an ac-
tion under subparagraph (A), the attorney 
general of the State involved shall provide 
to the Commission— 
(I) written notice of that action; 
and 
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(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.— 
(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— 
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(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 any regulation 
prescribed under section 4(b), 5(c), 6(b), or 7(b), no 
State may, during the pendency of that action, insti-
tute an action under paragraph (1) against any de-
fendant named in the complaint in that action for 
violation of that regulation. 
(5) VENUE; SERVICE OF PROCESS.— 
(A) VENUE.—Any action brought under 
paragraph (1) may be brought in the district 
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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)). 
(2) RELATIONSHIP TO OTHER LAW.—To the ex-
tent that sections 222 and 631 of the Communica-
tions Act of 1934 (47 U.S.C. 222; 551) are incon-
sistent with this Act, this Act controls. 
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 18. 
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(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 
(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). 
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(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 
3(a), shall apply in this Act. 
SEC. 10. EFFECTIVE DATES. 
(a) IN GENERAL.—Except as provided in subsections 
(b) and (c), this Act and the amendments made by this 
Act shall take effect on the date that is 1 year after the 
date of the enactment of this Act. 
(b) AUTHORITY TO PROMULGATE REGULATIONS.— 
The following shall take effect on the date of the enact-
ment of this Act: 
(1) The amendments made by subsections 
(a)(5) and (b)(3)(A) of section 3. 
(2) Sections 4(b), 5(c), 6(b), 7(b), and 9(b). 
(c) DIGITAL MARKETING BILL
OF RIGHTS
FOR 
TEENS.—Section 5, except for subsection (c) of such sec-
tion, shall take effect on the date that is 180 days after 
the promulgation of regulations under such subsection. 
Æ 
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