(ii) sensitivity of information collected, 
stored, or transmitted by each subset of 
connected device; and 
(iii) functionality of each subset of 
connected device; 
(B) consider incorporating, to the extent 
practicable, existing cybersecurity and data se-
curity standards; and 
(C) ensure that the cybersecurity and data 
security standards— 
(i) are consistent with Fair Informa-
tion Practice Principles described in sec-
tion 4; and 
(ii) promote data minimization. 
SEC. 10. RULE FOR TREATMENT OF USERS OF WEBSITES, 
SERVICES, AND APPLICATIONS DIRECTED TO 
CHILDREN OR MINORS. 
For the purposes of this Act, an operator of a 
website, online service, online application, or mobile appli-
cation that is directed to children or minors shall treat 
each user of that website, online service, online applica-
tion, or mobile application as a child or minor, respective 
to whether the website, online service, online application, 
or mobile application is directed to children or minors, ex-
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cept as permitted by the Commission pursuant to a regula-
tion promulgated under this Act. 
SEC. 11. ENFORCEMENT AND APPLICABILITY. 
(a) ENFORCEMENT BY THE COMMISSION.— 
(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.— 
(A) IN GENERAL.—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 
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Commission Act (15 U.S.C. 41 et seq.) were in-
corporated 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 pro-
vided in the Federal Trade Commission Act. 
(B) VIOLATIONS.—In an action brought by 
the Commission to enforce this Act and the reg-
ulations prescribed under this Act, each con-
nected device that fails to meet a standard pro-
mulgated under this Act shall be treated as a 
separate violation. 
(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. 
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(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 that Act (7 U.S.C. 226; 227)) by the 
Secretary of Agriculture, with respect to any activi-
ties subject to that 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 
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 
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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.— 
(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 
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if the attorney general of the State 
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— 
(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 
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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, 
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 
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(ii) may be found. 
(d) TELECOMMUNICATIONS CARRIERS AND CABLE 
OPERATORS.— 
(1) ENFORCEMENT BY COMMISSION.—Notwith-
standing section 5(a)(2) of the Federal Trade Com-
mission Act (15 U.S.C. 45(a)(2)), compliance with 
the requirements imposed under this Act shall be en-
forced by the Commission with respect to any tele-
communications carrier (as defined in section 3 of 
the Communications Act of 1934 (47 U.S.C. 153)). 
(2) RELATIONSHIP TO OTHER LAWS.—To the 
extent that section 222, 338(i), or 631 of the Com-
munications Act of 1934 (47 U.S.C. 222; 338(i); 
551) is inconsistent with this Act, this Act controls. 
(e) SAFE HARBORS.— 
(1) DEFINITION.—In this subsection— 
(A) the term ‘‘applicable section’’ means 
section 5, 6, 7, 8, or 9 of this Act; 
(B) the term ‘‘covered operator’’ means an 
operator subject to guidelines approved under 
paragraph (2); 
(C) the term ‘‘requesting entity’’ means an 
entity that submits a safe harbor request to the 
Commission; and 
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(D) the term ‘‘safe harbor request’’ means 
a request to have self-regulatory guidelines de-
scribed in paragraph (2)(A) approved under 
that paragraph. 
(2) GUIDELINES.— 
(A) IN GENERAL.—An operator may sat-
isfy the requirements of regulations issued 
under an applicable section by following a set of 
self-regulatory guidelines, issued by representa-
tives of the marketing or online industries, or 
by other persons, that, after notice and an op-
portunity for comment, are approved by the 
Commission upon making a determination that 
the guidelines meet the requirements of the reg-
ulations issued under that applicable section. 
(B) 
EXPEDITED
RESPONSE
TO
RE-
QUESTS.—Not later than 180 days after the 
date on which a safe harbor request is filed 
under subparagraph (A), the Commission shall 
act upon the request set forth in writing the 
conclusions of the Commission with regard to 
the request. 
(C) APPEALS.—A requesting entity may 
appeal the final action of the Commission under 
subparagraph (B), or a failure by the Commis-
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sion to act in the period described in that para-
graph, to a district court of the United States 
of appropriate jurisdiction, as provided for in 
section 706 of title 5, United States Code. 
(3) INCENTIVES.— 
(A) SELF-REGULATORY
INCENTIVES.—In 
prescribing regulations under an applicable sec-
tion, the Commission shall provide incentives 
for self-regulation by covered operators to im-
plement the protections afforded children and 
minors, as applicable, under the regulatory re-
quirements described in those sections. 
(B) DEEMED
COMPLIANCE.—The incen-
tives under subparagraph (A) shall include pro-
visions for ensuring that a covered operator will 
be deemed to be in compliance with the require-
ments of the regulations under an applicable 
section if that person complies with guidelines 
approved under paragraph (2). 
(4) REGULATIONS.—In prescribing regulations 
relating to safe harbor guidelines under an applica-
ble section, the Commission shall— 
(A) establish criteria for the approval of 
guidelines that will ensure that a covered oper-
ator provides substantially the same or greater 
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protections for children and minors, as applica-
ble, as those contained in the regulations issued 
under the applicable section; and 
(B) require that any report or documenta-
tion required to be submitted to the Commis-
sion by a covered operator or requesting entity 
will be published on the internet website of the 
Commission, except to the extent that the re-
port or documentation contains proprietary in-
formation, which the Commission may in its 
discretion redact. 
SEC. 12. 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 enactment of this Act. 
(b) AUTHORITY TO PROMULGATE REGULATIONS.— 
The following shall take effect on the date of enactment 
of this Act: 
(1) Section 2(b). 
(2) The amendments made by subsections 
(a)(6) and (b) of section 3. 
(3) Sections 5(b), 6(b), 7(b), 8(c), and 9(b). 
(c) DIGITAL MARKETING BILL OF RIGHTS FOR MI-
NORS.—Section 5(a) shall take effect on the date that is 
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180 days after the promulgation of regulations under that 
subsection. 
(d) PRIVACY DASHBOARD FOR CONNECTED DEVICES 
FOR CHILDREN AND MINORS.—Subsections (a) and (b) 
of section 8 shall take effect on the date that is 180 days 
after the promulgation of regulations under such sub-
section. 
Æ 
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