PROTECT Kids Act
Bill: H.R.1781 | Sponsor: Rep. Walberg, Tim (R-MI)
Policy area: Science, Technology, Communications

Summary:
Preventing Real Online Threats Endangering Children Today or the PROTECT Kids Act
This bill addresses the online collection of personal information from children.
Specifically, the bill raises the age for parental consent protections for children online from under 13 to under 16, adds geolocation and biometric information to protected personal information, and extends all protections for children online to mobile applications.
The bill also requires the operator of a website, online service, or mobile application to delete a child's personal information upon the verified request of a parent, and it prohibits such operator from terminating service to a child whose parent has refused to permit further collection or use of that child's personal information.
Additionally, the Federal Trade Commission must study and report on the appropriateness of the existing actual knowledge standard (preventing an operator from collecting personal information without meeting certain requirements when it has actual knowledge that it is collecting such information from a child) and what effects changing such standard will have on children's online privacy.

To amend the Children's Online Privacy Protection Act of 1998.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Preventing Real Online Threats 
Endangering Children Today Act'' or the ``PROTECT Kids Act''.

SEC. 2. AMENDMENTS TO THE CHILDREN'S ONLINE PRIVACY PROTECTION ACT OF 
              1998.

    The Children's Online Privacy Protection Act of 1998 (15 U.S.C. 
6501 et seq.) is amended--
            (1) by inserting ``, including a service provided through a 
        mobile application,'' after ``online service'' each place it 
        appears;
            (2) in section 1302--
                    (A) in paragraph (1), by striking ``age of 13'' and 
                inserting ``age of 16'';
                    (B) in paragraph (8)--
                            (i) in the matter preceding subparagraph 
                        (A), by inserting ``including a service 
                        provided through a mobile application'' after 
                        ``collected online'';
                            (ii) by redesignating subparagraphs (F) and 
                        (G) as subparagraphs (H) and (I), respectively; 
                        and
                            (iii) by inserting after subparagraph (E) 
                        the following:
                    ``(F) precise geolocation information;
                    ``(G) biometric information;''; and
                    (C) by adding at the end the following:
            ``(13) Mobile application.--The term `mobile application' 
        means a software program that runs on the operating system of--
                    ``(A) a mobile telephone;
                    ``(B) a tablet computer; or
                    ``(C) a similar portable computing device that 
                transmits data over a wireless connection.
            ``(14) Biometric information.--The term `biometric 
        information' means the record of any unique, immutable 
        biological attribute or measurement generated by automatic 
        measurements of a consumer's biological characteristics, 
        including fingerprints, genetic information, iris or retina 
        patterns, facial characteristics, or hand geometry, that are 
        used to uniquely and durably authenticate the identity of a 
        consumer when such consumer accesses a physical location, 
        device, system, or account.
            ``(15) Precise geolocation information.--The term `precise 
        geolocation information' means historical or real-time location 
        information, or inferences drawn from other information, 
        capable of identifying the location of an individual or a 
        consumer device of an individual with specificity sufficient to 
        identify street level location information or an individual's 
        or device's location within a range of 1,640 feet or less.''; 
        and
            (3) in section 1303(b)--
                    (A) in paragraph (1)--
                            (i) in subparagraph (A)(I), by inserting 
                        ``or mobile application'' after ``website''; 
                        and
                            (ii) in subparagraph (B)(ii), by striking 
                        ``use or maintenance in retrievable form, or 
                        future online collection'' and inserting 
                        ``collection or use''; and
                    (B) by amending paragraph (3) to read as follows:
            ``(3) Continuation of service.--The regulations shall--
                    ``(A) prohibit the operator of a website, online 
                service, or mobile application from terminating service 
                provided to a child whose parent has refused, under the 
                regulations prescribed under paragraph (1)(B)(ii), to 
                permit the operator's further collection or use of 
                personal information from that child, or has required 
                such operator to delete such information; and
                    ``(B) require the operator, upon request of a 
                parent whose child has provided personal information to 
                that website or, online service, including a service 
                provided through a mobile application, upon proper 
                identification of that parent, to delete any personal 
                information collected from such child.''.

SEC. 3. FEDERAL TRADE COMMISSION STUDY.

    (a) In General.--
            (1) Not later than 2 years after the date of enactment of 
        this Act, the Commission shall conduct a study on the knowledge 
        standard found in section 1303(a)(1) of the Children's Online 
        Privacy Protection Act of 1998 (15 U.S.C. 6501 et seq.).
            (2) In conducting such study, the Commission shall--
                    (A) consider whether the existing knowledge 
                standard is still appropriate for accomplishing the 
                goals of this Act;
                    (B) consider the affect changing such knowledge 
                standard will have on children's online privacy, 
                including whether it will increase or decrease such 
                privacy;
                    (C) consider the feasibility of complying with any 
                change to such knowledge standard;
                    (D) whether any Federal agency has studied such 
                change; and
                    (E) whether any think tank or privacy advocacy or 
                digital rights group has studied such a change.
            (3) Based on the study, the Commission shall--
                    (A) develop recommendations as to whether the 
                knowledge standard should be changed;
                    (B) develop recommendations as to what the new 
                knowledge standard should be, if appropriate;
                    (C) provide the basis for its recommendation to 
                change the knowledge standard, if appropriate;
                    (D) cite examples of Federal agency studies on 
                changing the knowledge standard; and
                    (E) cite examples of think tank or privacy advocacy 
                or digital rights group studies on changing the 
                knowledge standard.
    (b) Report to Congress.--Following completion of the study pursuant 
to subsection (a), the Commission shall report the results and 
recommendations to the Committee on Energy and Commerce of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate.
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