I 
112TH CONGRESS 
1ST SESSION H. R. 1895 
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 and to establish certain other 
protections for personal information of children and minors. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 13, 2011 
Mr. MARKEY (for himself and Mr. BARTON of Texas) 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 and to establish certain other protections 
for personal information of children and minors. 
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 2011’’. 
SEC. 2. FINDINGS. 
Congress finds the following: 
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(1) Since the enactment of the Children’s On-
line Privacy Protection Act of 1998, the World Wide 
Web has changed dramatically, with the creation of 
tens of millions of websites, the proliferation of en-
tirely new media platforms, and the emergence of a 
diverse ecosystem of services, devices, and applica-
tions that enable users to connect wirelessly within 
an online environment without being tethered to a 
desktop computer. 
(2) The explosive growth of the Internet eco-
system has unleashed a wide array of opportunities 
to learn, communicate, participate in civic life, ac-
cess 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, in-
cluding their geolocation, for commercial purposes. 
(4) Children are increasingly spending time on-
line. A Nielsen Online survey conducted in July 
2009 found that ‘‘time spent online for children ages 
2 to 11 increased from about 7 hours to more than 
11 hours per week, a jump of 63% over five years’’. 
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(5) Children and teens are visiting numerous 
companies’ websites, and marketers are using multi-
media games, online quizzes, and cellular phone ap-
plications to create ties to children and teens. 
(6) 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 audi-
ence. 
(7) This study examined 50 popular websites 
for children and teens in the United States and 
found that these 50 sites placed 4,123 cookies, bea-
cons, and other tracking tools on the test computer 
used for the study. 
(8) 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. 
(9) Children and teens have become the focus 
of behavioral profiling and targeting, raising privacy 
concerns. 
(10) Eighty-five percent of parents say they are 
more concerned about online privacy than they were 
5 years ago. 
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(11) Seventy-two percent of parents say sexual 
predators are the main reason they are concerned 
about children revealing personal information online. 
(12) According to the Pew Research Center’s 
Internet and American Life Project, 31 percent of 
12-year-olds in the United States were using social 
networking sites in 2006, with that figure growing 
to 38 percent by mid-2009. 
(13) Seventy-five percent of parents do not 
think social networking sites do a good job of pro-
tecting the online privacy of children. 
(14) Ninety-one percent of parents think search 
engines and social networking sites should not be 
permitted to share the physical location of children 
with other companies until parents give authoriza-
tion. 
(15) Significant majorities, 88 percent of par-
ents and 85 percent of teens, want online companies 
to require them to opt in before the companies use 
their personal information for marketing purposes. 
(16) Eighty-eight percent of parents would sup-
port a law that requires search engines and social 
networking sites to get users’ permission before 
using their personal information. 
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(17) 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 of all their personal information held by 
an online search engine, social networking site, or 
marketing company after a specific period of time. 
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 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 collects or maintains personal 
information from or about users of such 
website, service, or application, or on whose be-
half such information is collected or main-
tained, including any person offering products 
or services for sale through such website, serv-
ice, or application; and 
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‘‘(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: 
‘‘(G) information concerning a child or the 
parents of that child (including any unique or 
substantially unique identifier, such as a cus-
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tomer 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), respec-
tively; and 
(C) by inserting after subparagraph (E) 
the following new subparagraph: 
‘‘(F) information (including an Internet 
protocol address) that permits the identification 
of the computer of an individual, or any other 
device used by an individual to access the Inter-
net or an online service, online application, or 
mobile application;’’; 
(4) by striking paragraph (10) and redesig-
nating 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 AP-
PLICATION, MOBILE
APPLICATION, DIRECTED
TO 
CHILDREN.—The terms ‘online’, ‘online service’, ‘on-
line application’, ‘mobile application’, and ‘directed 
to children’ shall have the meanings given them by 
the Commission by regulation. Not later than 1 year 
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after the date of the enactment of the Do Not Track 
Kids Act of 2011, 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— 
(1) by striking the heading and inserting the 
following: ‘‘ONLINE COLLECTION, USE, AND DIS-
CLOSURE
OF
PERSONAL
INFORMATION
OF 
CHILDREN’’; 
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(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 it is collecting 
personal information from children, 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: 
‘‘(1) IN GENERAL.—Not later than 1 year after 
the date of the enactment of the Do Not Track Kids 
Act of 2011, the Commission shall promulgate, 
under section 553 of title 5, United States Code, 
regulations to require an operator of a website, on-
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line service, online application, or mobile application 
directed to children, or an operator having actual 
knowledge that it is collecting personal information 
from children— 
‘‘(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-
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; 
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‘‘(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-
rity, and integrity of personal information col-
lected from children.’’; 
(B) in the matter preceding subparagraph 
(A) of paragraph (2), by striking ‘‘paragraph 
(1)(A)(ii)’’ and inserting ‘‘paragraph (1)(B)’’; 
and 
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(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.’’. 
(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 
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(2) by adding at the end the following new sub-
section: 
‘‘(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 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 and 631 of the Communica-
tions Act of 1934 (47 U.S.C. 222; 551) are incon-
sistent with this title, this title controls.’’. 
SEC. 4. TARGETED MARKETING TO CHILDREN OR MINORS. 
(a) ACTS PROHIBITED.—It is unlawful for an oper-
ator of a website, online service, online application, or mo-
bile application directed to children or minors, or an oper-
ator having actual knowledge that it is collecting personal 
information from children or minors, to use, disclose to 
third parties, or compile personal information collected 
from children or minors, if the use, disclosure, or compila-
tion is for targeted marketing purposes. 
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(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 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 it is collecting personal information 
from minors, to collect personal information from minors 
unless such operator has adopted and implemented a Dig-
ital Marketing Bill of Rights for Teens that— 
(1) is consistent with the Fair Information 
Practices Principles described in subsection (b); and 
(2) balances the ability of minors to participate 
fully in the digital media culture with the govern-
mental and industry obligation to ensure that opera-
tors of websites, online services, online applications, 
and mobile applications do not subject minors to un-
fair and deceptive surveillance, data collection, or be-
havioral profiling. 
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(b) FAIR INFORMATION PRACTICES PRINCIPLES.— 
The Fair Information Practices Principles described in 
this subsection are the following: 
(1) COLLECTION
LIMITATION
PRINCIPLE.— 
There should be limits on the collection of personal 
information. Any such information should be ob-
tained by lawful and fair means and, where appro-
priate, with the knowledge or consent of the subject 
of the information. 
(2) DATA QUALITY PRINCIPLE.—Personal infor-
mation should be relevant to the purposes for which 
the information is to be used and, to the extent nec-
essary for such purposes, should be accurate, com-
plete, and kept up-to-date. 
(3) PURPOSE SPECIFICATION PRINCIPLE.—The 
purposes for which personal information is collected 
should be specified not later than at the time of the 
collection of the information. The subsequent use of 
the information should be limited to the fulfilment 
of— 
(A) the purposes originally specified; or 
(B) other purposes that are— 
(i) compatible with such originally 
specified purposes; and 
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(ii) specified in a notice to the subject 
of the information before the information 
is used for such other purposes. 
(4) USE LIMITATION PRINCIPLE.—Personal in-
formation should not be disclosed, made available, or 
otherwise used for purposes other than those speci-
fied in accordance with the purpose limitation prin-
ciple described in paragraph (3), except— 
(A) with the consent of the subject of the 
information; or 
(B) under specific legal authority. 
(5) SECURITY SAFEGUARDS PRINCIPLE.—Per-
sonal information should be protected by reasonable 
security safeguards against risks such as loss or un-
authorized access, destruction, use, modification, or 
disclosure. 
(6) 
OPENNESS
PRINCIPLE.—The 
operator 
should maintain a general policy of openness about 
developments, practices, and policies with respect to 
personal information. The operator should provide 
each user of the website, online service, online appli-
cation, or mobile application of the operator with a 
means of readily ascertaining— 
(A) whether the operator possesses any 
personal information of such user, the nature of 
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any such information, and the purposes for 
which the information was obtained and is 
being retained; 
(B) the identity of the operator; and 
(C) the address of— 
(i) in the case of an operator who is 
an individual, the principal residence of the 
operator; or 
(ii) in the case of any other operator, 
the principal place of business of the oper-
ator. 
(7) INDIVIDUAL
PARTICIPATION
PRINCIPLE.— 
An individual should have the right— 
(A) to obtain any personal information of 
the individual 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 man-
ner, and in a form that is readily intelligible to 
the individual; 
(B) to be given by the operator, or person 
specified by the operator— 
(i) reasons for any denial of a request 
under subparagraph (A); and 
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(ii) an opportunity to challenge such 
denial; 
(C) to challenge the accuracy of personal 
information of the individual that is in the pos-
session of the operator; and 
(D) if the individual establishes the inaccu-
racy of personal information in a challenge 
under subparagraph (C), to have the informa-
tion erased, corrected, completed, or otherwise 
amended. 
(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. 
SEC. 6. ONLINE COLLECTION OF GEOLOCATION INFORMA-
TION OF CHILDREN AND MINORS. 
(a) ACTS PROHIBITED.— 
(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 it is 
collecting geolocation information from children or 
minors, to collect geolocation information from a 
child or minor in a manner that violates the regula-
tions prescribed under subsection (b). 
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(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 it is 
collecting geolocation information from children or 
minors— 
(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 
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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; 
(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 
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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 express authorization 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 in-
formation is available to the operator 
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at the time the minor makes the re-
quest. 
(2) WHEN CONSENT OR AUTHORIZATION NOT 
REQUIRED.—The regulations promulgated under 
paragraph (1) shall provide that verifiable parental 
consent under subparagraph (C)(i) of such para-
graph or express authorization 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 regula-
tions promulgated under paragraph (1) shall pro-
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 
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H1895
pwalker on DSK5TPTVN1PROD with BILLS