‘‘(ix) collect geolocation information 
by default or without disclosing clearly 
when geolocation tracking is in effect. 
‘‘(B) EXCEPTIONS.—Nothing in subpara-
graph (A) shall prohibit an operator from proc-
essing covered information if the processing of 
the covered information is necessary and done 
solely for the purposes of— 
‘‘(i) compliance with— 
‘‘(I) requirements to document 
compliance under this title; or 
‘‘(II) other laws, regulations, or 
legal obligations; 
‘‘(ii) preventing risks to the health or 
safety of a child or teenager or groups of 
children or teenagers; or 
‘‘(iii) repairing errors that impair the 
existing (as of the time when the repairs 
are made) functionality of the children’s 
service. 
‘‘(8) SECURITY REQUIREMENTS.— 
‘‘(A) IN GENERAL.—An operator of a chil-
dren’s service shall establish, implement, and 
maintain reasonable security policies, practices, 
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and procedures for the protection of covered in-
formation, taking into consideration— 
‘‘(i) the size, nature, scope, and com-
plexity of the activities engaged in by such 
operator; 
‘‘(ii) the sensitivity of any covered in-
formation at issue; and 
‘‘(iii) the cost of implementing such 
policies, practices, and procedures. 
‘‘(B) SPECIFIC REQUIREMENTS.—The poli-
cies, practices, and procedures established by an 
operator under subparagraph (A) shall include 
the following: 
‘‘(i) A written security policy with re-
spect to the processing of such covered in-
formation. 
‘‘(ii) The identification of an officer or 
other individual as the point of contact 
with responsibility for the management of 
information security. 
‘‘(iii) A process for identifying and as-
sessing 
any 
reasonably 
foreseeable 
vulnerabilities in the system or systems 
maintained by such operator that contain 
such covered information, including regular 
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monitoring for a breach of security of such 
system or systems. 
‘‘(iv) A process for taking preventive 
and corrective action to mitigate against 
any vulnerabilities identified in the process 
required by clause (iii), which may in-
clude— 
‘‘(I) implementing any changes to 
the security practices, architecture, in-
stallation, or implementation of net-
work or operating software; and 
‘‘(II) regular testing or otherwise 
monitoring the effectiveness of the 
safeguards. 
‘‘(v) A process for determining if the 
covered information is no longer needed 
and deleting such covered information by 
shredding, permanently erasing, or other-
wise modifying the covered information to 
make such covered information perma-
nently unreadable or indecipherable. 
‘‘(vi) A process for overseeing persons 
(other than users of the children’s service) 
who have access to covered information, in-
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cluding through internet-connected devices, 
by— 
‘‘(I) taking reasonable steps to 
select and retain persons that are ca-
pable of maintaining appropriate safe-
guards for the covered information or 
internet-connected devices at issue; 
and 
‘‘(II) requiring all such persons 
to implement and maintain such safe-
guards. 
‘‘(vii) A process for employee training 
and supervision for implementation of the 
policies, practices, and procedures required 
by this subsection. 
‘‘(viii) A written plan or protocol for 
internal and public response in the event of 
a breach of security. 
‘‘(C) PERIODIC
ASSESSMENT
AND
CON-
SUMER
PRIVACY
AND
DATA
SECURITY
MOD-
ERNIZATION.—An operator of a children’s serv-
ice shall, not less frequently than every 12 
months, monitor, evaluate, and adjust, as ap-
propriate, the policies, practices, and procedures 
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of such operator in light of any relevant 
changes in— 
‘‘(i) technology; 
‘‘(ii) internal or external threats and 
vulnerabilities to covered information; and 
‘‘(iii) the changing business arrange-
ments of the operator. 
‘‘(D) SUBMISSION
OF
POLICIES
TO
THE 
FTC.—An operator of a children’s service shall 
submit the policies, practices, and procedures 
established by the operator under subparagraph 
(A) to the Commission in conjunction with a 
notification of a breach of security required by 
any Federal or State statute or regulation or 
upon request of the Commission. 
‘‘(b) RULEMAKING REGARDING REQUIREMENTS FOR 
DIGITAL SERVICES LIKELY TO BE ACCESSED BY CHIL-
DREN OR TEENAGERS.— 
‘‘(1) IN GENERAL.—The Commission shall pro-
mulgate regulations under section 553 of title 5, 
United States Code, that contain requirements for 
operators of digital services that are not children’s 
services but are likely to be accessed by children or 
teenagers, which shall be based on the requirements 
of subsection (a) but modified as the Commission 
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considers appropriate given a risk-based approach to 
determine age and to determine and mitigate privacy 
risks and security risks to the child or teenager, and 
given differing developmental needs and cognitive ca-
pacities of children or teenagers. The Commission 
may include in such regulations different require-
ments for operators of different types of such serv-
ices. 
‘‘(2) BEST
INTERESTS
OF
CHILD
OR
TEEN-
AGER.—The regulations promulgated under para-
graph (1) shall require an operator to make the best 
interests of children and teenagers a primary design 
consideration when designing its service, including 
by conducting a privacy and security impact assess-
ment and mitigation for the service. 
‘‘(3) RISK-BASED APPROACH TO DETERMINING 
AGE OF USER.— 
‘‘(A) IN GENERAL.—The regulations pro-
mulgated under paragraph (1) shall require a 
risk-based approach to determining the age of 
a specific user of a digital service under which 
higher privacy risks and security risks from the 
processing of covered information require a 
higher certainty of age assurance. 
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‘‘(B) AGE
ASSURANCE.—The regulations 
promulgated under paragraph (1) shall require 
an operator to conduct an age assurance to de-
termine the age of each specific user. 
‘‘(C) 
APPROVAL
OF
AGE
ASSURANCE 
MECHANISMS.—The Commission shall establish 
in the regulations promulgated under paragraph 
(1) a process under which an operator may ob-
tain the approval of the Commission of par-
ticular mechanisms of age assurance as meeting 
the age assurance requirements of such regula-
tions for particular levels of privacy risks. 
‘‘(D) DATA
MINIMIZATION.—The regula-
tions required by paragraph (1) shall provide 
that any data collected for age assurance shall 
be the minimal amount necessary and destroyed 
immediately or as determined by the Commis-
sion, but consistent with standards that still 
allow for auditing and compliance. 
‘‘(c) PROHIBITION
ON CERTAIN ADVERTISING
OR 
MARKETING
FOR DIGITAL SERVICES LIKELY TO BE 
ACCESSED BY CHILDREN OR TEENAGERS.—An operator 
of a digital service that is likely to be accessed by children 
or teenagers may not process covered information for the 
purpose of providing for targeted personalized advertising 
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or engage in other marketing to a specific child or teen-
ager or group of children or teenagers based on— 
‘‘(1) using the covered information, online be-
havior, or group identifiers of such child or teenager 
or of the children or teenagers in such group; or 
‘‘(2) using the covered information or online be-
havior of children or teenagers who share character-
istics with such child or teenager or with the chil-
dren or teenagers in such group, including income 
level or protected characteristics or proxies thereof. 
‘‘(d) IMPLEMENTING REGULATIONS.— 
‘‘(1) IN GENERAL.—Not later than 1 year after 
the date of the enactment of the Protecting the In-
formation of our Vulnerable Adolescents, Children, 
and Youth Act, the Commission shall promulgate, 
under section 553 of title 5, United States Code, 
such regulations as may be necessary to carry out 
this section, including the regulations required by 
subsection (b). 
‘‘(2) REVIEW AND REVISION.—Not later than 
10 years after the date on which the Commission 
promulgates the regulations required by paragraph 
(1), the Commission shall review such regulations 
and, if the Commission considers revisions to such 
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regulations appropriate, promulgate such revisions 
under section 553 of title 5, United States Code. 
‘‘(e) ENFORCEMENT.—Subject to section 1306, a vio-
lation of this section or a regulation promulgated under 
this section 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)).’’. 
(b) CONFORMING AMENDMENTS.—Section 1305 of 
the Children’s Online Privacy Protection Act of 1998 (15 
U.S.C. 6504) is amended— 
(1) in subsection (a)(1)— 
(A) by striking ‘‘any regulation of the 
Commission prescribed under section 1303(b)’’ 
and inserting ‘‘section 1303 or a regulation pro-
mulgated under such section’’; and 
(B) in subparagraph (B), by striking ‘‘the 
regulation’’ and inserting ‘‘such section or such 
regulation’’; and 
(2) in subsection (d)— 
(A) by striking ‘‘any regulation prescribed 
under section 1303’’ and inserting ‘‘section 
1303 or a regulation promulgated under such 
section’’; and 
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(B) by striking ‘‘that regulation’’ and in-
serting ‘‘such section or such regulation’’. 
SEC. 4. REPEAL OF SAFE HARBORS PROVISION. 
(a) IN GENERAL.—Section 1304 of the Children’s 
Online Privacy Protection Act of 1998 (15 U.S.C. 6503) 
is repealed. 
(b) CONFORMING AMENDMENT.—Section 1305(b) of 
the Children’s Online Privacy Protection Act of 1998 (15 
U.S.C. 6504(b)) is amended by striking paragraph (3). 
SEC. 5. ADMINISTRATION AND APPLICABILITY OF ACT. 
(a) ENFORCEMENT BY FEDERAL TRADE COMMIS-
SION.—Section 1306(d) of the Children’s Online Privacy 
Protection Act of 1998 (15 U.S.C. 6505(d)) is amended 
to read as follows: 
‘‘(d) ACTIONS BY THE COMMISSION.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graphs (2) and (3), the Commission shall prevent 
any person from violating section 1303 or a regula-
tion promulgated under such section 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 title, and any 
person who violates such section or such regulation 
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shall be subject to the penalties and entitled to the 
privileges and immunities provided in the Federal 
Trade Commission Act in the same manner, by the 
same means, and with the same jurisdiction, power, 
and duties as though all applicable terms and provi-
sions of the Federal Trade Commission Act were in-
corporated into and made a part of this title. 
‘‘(2) INCREASED CIVIL PENALTY AMOUNT.—In 
the case of a civil penalty under subsection (l) or 
(m) of section 5 of the Federal Trade Commission 
Act (15 U.S.C. 45) relating to acts or practices in 
violation of section 1303 or a regulation promul-
gated under such section, the maximum dollar 
amount per violation shall be $63,795. 
‘‘(3) NONPROFIT ORGANIZATIONS AND COMMON 
CARRIERS.—Notwithstanding section 4, 5(a)(2), or 6 
of the Federal Trade Commission Act (15 U.S.C. 
44; 45(a)(2); 46) or any other jurisdictional limita-
tion of the Commission, the Commission shall also 
enforce section 1303 or a regulation promulgated 
under such section in the same manner as otherwise 
provided in this title with respect to— 
‘‘(A) any organization not organized to 
carry on business for its own profit or that of 
its members; and 
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‘‘(B) any common carrier subject to the 
Communications Act of 1934 (47 U.S.C. 151 et 
seq.) and all Acts amendatory thereof and sup-
plementary thereto.’’. 
(b) ENFORCEMENT
BY CERTAIN OTHER AGEN-
CIES.—Section 1306 of the Children’s Online Privacy Pro-
tection 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));’’; 
(B) in paragraph (6), by striking ‘‘Federal 
land bank, Federal land bank association, Fed-
eral intermediate credit bank, or production 
credit association’’ and inserting ‘‘Farm Credit 
Bank, Agricultural Credit Bank (to the extent 
exercising the authorities of a Farm Credit 
Bank), Federal Land Credit Association, or ag-
ricultural credit association’’; and 
(C) by striking paragraph (2) and redesig-
nating paragraphs (3) through (6) as para-
graphs (2) through (5), respectively; and 
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(2) in subsection (c), by striking ‘‘subsection 
(a)’’ each place it appears and inserting ‘‘subsection 
(b)’’. 
SEC. 6. REVIEW. 
Section 1307 of the Children’s Online Privacy Protec-
tion Act of 1998 (15 U.S.C. 6506) is amended— 
(1) in the matter preceding paragraph (1), by 
striking ‘‘the regulations initially issued under sec-
tion 1303’’ and inserting ‘‘the regulations required 
by subsection (d)(1) of section 1303, as amended by 
the Protecting the Information of our Vulnerable 
Adolescents, Children, and Youth Act’’; and 
(2) by amending paragraph (1) to read as fol-
lows: 
‘‘(1) review the implementation of this title, in-
cluding the effect of the implementation of this title 
on practices relating to the processing of covered in-
formation about teenagers or children and teenager’s 
and children’s ability to obtain access to information 
of their choice online; and’’. 
SEC. 7. PRIVATE RIGHT OF ACTION. 
The Children’s Online Privacy Protection Act of 1998 
(15 U.S.C. 6501 et seq.) is amended— 
(1) by redesignating sections 1307 and 1308 as 
sections 1308 and 1309, respectively; and 
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(2) by inserting after section 1306 the fol-
lowing: 
‘‘SEC. 1307. PRIVATE RIGHT OF ACTION. 
‘‘(a) RIGHT OF ACTION.—Any parent of a teenager 
or parent of a child alleging a violation of section 1303 
or a regulation promulgated under such section with re-
spect to the covered information of such teenager or child 
may bring a civil action in any court of competent jurisdic-
tion. 
‘‘(b) INJURY IN FACT.—A violation of section 1303 
or a regulation promulgated under such section with re-
spect to the covered information of a teenager or child con-
stitutes an injury in fact to that teenager or child. 
‘‘(c) RELIEF.—In a civil action brought under sub-
section (a) in which the plaintiff prevails, the court may 
award— 
‘‘(1) injunctive relief; 
‘‘(2) actual damages; 
‘‘(3) punitive damages; 
‘‘(4) reasonable attorney’s fees and costs; and 
‘‘(5) any other relief that the court determines 
appropriate. 
‘‘(d) PRE-DISPUTE ARBITRATION AGREEMENTS.— 
‘‘(1) IN GENERAL.—No pre-dispute arbitration 
agreement or pre-dispute joint-action waiver shall be 
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valid or enforceable with respect to any claim arising 
under section 1303 or a regulation promulgated 
under such section. 
‘‘(2) DETERMINATION.—A determination as to 
whether and how this title or a regulation promul-
gated under this title applies to an arbitration agree-
ment shall be determined under Federal law by the 
court, rather than the arbitrator, irrespective of 
whether the party opposing arbitration challenges 
such agreement specifically or in conjunction with 
any other term of the contract containing such 
agreement. 
‘‘(3) DEFINITIONS.—As used in this sub-
section— 
‘‘(A) the term ‘pre-dispute arbitration 
agreement’ means any agreement to arbitrate a 
dispute that has not arisen at the time of the 
making of the agreement; and 
‘‘(B) the term ‘pre-dispute joint-action 
waiver’ means an agreement, whether or not 
part of a pre-dispute arbitration agreement, 
that would prohibit, or waive the right of, one 
of the parties to the agreement to participate in 
a joint, class, or collective action in a judicial, 
arbitral, administrative, or other forum, con-
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cerning a dispute that has not yet arisen at the 
time of the making of the agreement. 
‘‘(e) NON-WAIVEABILITY.—The rights and remedies 
provided under this title may not be waived or limited by 
contract or otherwise.’’. 
SEC. 8. RELATIONSHIP TO OTHER LAW. 
Section 1306 of the Children’s Online Privacy Protec-
tion Act of 1998 (15 U.S.C. 6505) is further amended 
by adding at the end the following: 
‘‘(f) RELATIONSHIP TO OTHER LAW.— 
‘‘(1) OTHER FEDERAL PRIVACY OR SECURITY 
PROVISIONS.—Nothing in this title or a regulation 
promulgated under this title may be construed to 
modify, limit, or supersede the operation of any pri-
vacy or security provision in any other Federal stat-
ute or regulation. 
‘‘(2) STATE LAW.—Nothing in this title or a 
regulation promulgated under this title may be con-
strued to preempt, displace, or supplant any State 
common law or statute, except to the extent that any 
such common law or statute specifically and directly 
conflicts with the provisions of this title or a regula-
tion promulgated under this title, and then only to 
the extent of the specific and direct conflict. Any 
such common law or statute is not in specific and 
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direct conflict if it affords a greater level of protec-
tion to a child or teenager than the provisions of this 
title or a regulation promulgated under this title. 
‘‘(3) SECTION
230
OF
THE
COMMUNICATIONS 
ACT OF 1934.—Nothing in section 230 of the Com-
munications Act of 1934 (47 U.S.C. 230) may be 
construed to impair or limit the provisions of this 
title or a regulation promulgated under this title.’’. 
SEC. 9. ADDITIONAL CONFORMING AMENDMENT. 
The heading of title XIII of division C of the Omni-
bus Consolidated and Emergency Supplemental Appro-
priations Act, 1999 (Public Law 105–277; 112 Stat. 
2681–728) is amended by inserting ‘‘AND TEEN-
AGER’S’’ after ‘‘CHILDREN’S’’. 
SEC. 10. YOUTH PRIVACY AND MARKETING DIVISION. 
(a) ESTABLISHMENT.—There is established within 
the Commission a division to be known as the Youth Pri-
vacy and Marketing Division. 
(b) DIRECTOR.—The Youth Privacy and Marketing 
Division shall be headed by a Director, who shall be ap-
pointed by the Chairman of the Commission. 
(c) DUTIES.—The Youth Privacy and Marketing Di-
vision shall be responsible for assisting the Commission 
in addressing, as it relates to this Act and the amend-
ments made by this Act— 
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(1) the privacy of children and teenagers; and 
(2) marketing directed at children and teen-
agers. 
(d) STAFF.—The Youth Privacy and Marketing Divi-
sion shall be comprised of adequate staff to carry out the 
duties under subsection (c), including individuals who are 
experts in data protection, digital advertising, data ana-
lytics, and youth development. 
(e) REPORTS.—Not later than 1 year after the date 
of the enactment of this Act, and every 2 years thereafter, 
the Director of the Youth Privacy and Marketing Division 
shall submit to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on En-
ergy and Commerce of the House of Representatives a re-
port that includes— 
(1) a description of the work of the Youth Pri-
vacy and Marketing Division on emerging concerns 
relating to youth privacy and marketing practices; 
and 
(2) an assessment of how effectively the Com-
mission has, during the period for which the report 
is submitted, addressed youth privacy and marketing 
practices. 
(f) DEFINITIONS.—In this section, the terms ‘‘child’’ 
and ‘‘teenager’’ have the meanings given such terms in 
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section 1302 of the Children’s Online Privacy Protection 
Act of 1998 (15 U.S.C. 6501), as amended by this Act. 
SEC. 11. COMMISSION DEFINED. 
In this Act, the term ‘‘Commission’’ means the Fed-
eral Trade Commission. 
SEC. 12. EFFECTIVE DATE. 
The amendments made by this Act, except for sub-
section (d)(1) of section 1303 of the Children’s Online Pri-
vacy Protection Act of 1998 (15 U.S.C. 6502), shall take 
effect on the date that is 1 year after the date on which 
the Commission promulgates the regulations required by 
such subsection (d)(1). 
Æ 
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