SB 568, as amended, Steinberg. Privacy: Internet: minors.
Existing law requires an operator of a commercial Web site or online service that collects personally identifiable information through the Internet about individual consumers residing in California who use or visit its commercial Web site or online service to make its privacy policy available to consumers, as specified.
Existing federal law requires an operator of an Internet Web site or online service directed to a child, as defined, or an operator of an Internet Web site or online service that has actual knowledge that it is collecting personal information from a child to provide notice of what information is being collected and how that information is being used, and to give the parents of the child the opportunity to refuse to permit the operator’s further collection of information from the child.
This bill would, on and after January 1, 2015, prohibit an operator of an Internet Web site, online service, online application, or mobile application, as specified, from marketing or advertising specified types of products or services to a minor. The bill would prohibit an operator from using, disclosing, or compiling, or knowingly allowing a 3rd party to use, disclose, or compile, the personal information of a minor for the purpose of marketing or advertising specified types of products or services. The bill would also make this prohibition applicable to an advertising service that is notified by an operator of an Internet Web site, online service, online application, or mobile application that the site, service, or application is directed to a minor.
The bill would, on and after January 1, 2015, require the operator of an Internet Web site, online service, online application, or mobile application to permit a minor, who is a
registered user of the operator’s Internet Web site, online service, online application, or mobile application, to remove, or to request and obtain removal of, content or informationbegin delete publiclyend delete posted on the operator’s Internet Web site, service, or application by the minor, unless the content or information wasbegin delete publiclyend delete posted by a 3rd party, any other provision of state or federal law requires the operator or 3rd party to maintain the content or information, or the operator anonymizes the content or information. The bill would require the operator to provide notice to a minor that the minor may remove the content or information, as specified.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Chapter 22.1 (commencing with Section 22580)
2is added to Division 8 of the Business and Professions Code, to
3read:
4
(a) An operator of an Internet Web site, online service,
9online application, or mobile application directed to minors or the
10operator of an Internet Web site, online service, online application,
11or mobile application that has actual knowledge that a minor is
12using its Internet Web site, online service, online application, or
13mobile application shall not do any of the following:
14(1) Market or advertise a product or service on the Internet Web
15site, online service, online application, or mobile application
16directed to minors, or to a minor who the operator has actual
P3 1knowledge is using its Internet Web site, online service, online
2application, or mobile application if
the marketing or advertising
3is for a product described in subdivision (g).
4(2) Use, disclose, compile, or knowingly allow a third party to
5use, disclose, or compile, the personal information of a minor for
6the purpose of marketing or advertising products or services if the
7marketing or advertising is for a product described in subdivision
8(g).
9(b) “Minor” means a natural person under 18 years of age who
10resides in the state.
11(c) “Internet Web site, online service, online application, or
12mobile application directed to minors” mean an Internet Web site,
13online service, online application, or mobile application, or a
14portion thereof, that is created for the purpose of reaching an
15audience
that is primarily comprised of minors. Provided, however,
16that an Internet Web site, online service, online application, or
17mobile application, or a portion thereof, shall not be deemed to be
18directed at minors solely because it refers or links to an Internet
19Web site, online service, online application, or mobile application
20directed to minors by using information location tools, including
21a directory, index, reference, pointer, or hypertext link.
22(d) “Operator” means any person or entity that owns an Internet
23Web site, online service, online application, or mobile application.
24It does not include any third party that operates, hosts, or manages,
25but does not own, an Internet Web site, online service, online
26application, or mobile application on the owner’s behalf or
27processes information on the owner’s behalf.
28(e) This section shall not be construed to require an operator of
29an Internet Web site, online service, online application, or mobile
30application to collect or retain age information about users.
31(f) (1) With respect to marketing or advertising provided by an
32advertising service, the operator of an Internet Web site, online
33service, online application, or mobile application directed to minors
34shall be deemed to be in compliance with subdivision (a) if the
35operatorbegin delete informsend deletebegin insert notifiesend insert the advertising service, in the manner
36required by the advertising service, that the site, service, or
37application is directed
to minors.
38(2) If an advertising service is notified, in the manner required
39by the advertising service, that an Internet Web site, online service,
40online application, or mobile application is directed to minors
P4 1pursuant to paragraph (1), the advertising service shall not market
2or advertise a product or service on the operator’s Internet Web
3site, online service, online application, or mobile application that
4state or federal law expressly prohibits a minor from purchasing.
5(g) The marketing and advertising restrictions described in
6subdivision (a) shall apply to the following products and services
7as they are defined under state law:
8(1) Alcoholic beveragesbegin insert,
as referenced in Sections 23003 to
923009, inclusive, and Section 25658end insert.
10(2) Firearms or handgunsbegin insert, as referenced in Sections 16520,
1116640, and 27505 of the Penal Codeend insert.
12(3) Ammunition or reloaded ammunitionbegin insert, as referenced in
13Sections 16150 and 30300 of the Penal Codeend insert.
14(4) Handgun safety certificatesbegin insert, as referenced in Sections 31625
15and 31655 of the Penal Codeend insert.
16(5) Aerosol container
of paint that is capable of defacing
17propertybegin insert, as referenced in Section 594.1 of the Penal Codeend insert.
18(6) Etching cream that is capable of defacing propertybegin insert, as
19referenced in Section 594.1 of the Penal Codeend insert.
20(7) Any tobacco, cigarette, or cigarette papers, or blunts wraps,
21or any other preparation of tobacco, or any other instrument or
22paraphernalia that is designed for the smoking or ingestion of
23tobacco, products prepared from tobacco, or any controlled
24substancebegin insert, as referenced in Division 8.5 (commencing with Section
2522950) and
Sections 308, 308.1, 308.2, 308.3 of the Penal Codeend insert.
26(8) BB devicebegin insert, as referenced in Sections 16250 and 19910 of
27the Penal Codeend insert.
28(9) Dangerous fireworksbegin insert, as referenced in Sections 12505 and
2912689 of the Health and Safety Codeend insert.
30(10) Tanning in an ultraviolet tanning devicebegin insert, as referenced in
31Sections 22702 and 22706end insert.
32(11) Dietary supplement products containing ephedrine group
33alkaloidsbegin insert,
as referenced in Sections 110423.2 of the Health and
34Safety Codeend insert.
35(12) Tickets or shares in a lottery gamebegin insert, as referenced in
36Sections 8880.12 and 8880.52 of the Government Codeend insert.
37(13) Salvia divinorum or Salvinorin A, or any substance or
38material containing Salvia divinorum or Salvinorin Abegin insert, as
39referenced in Section 379 of the Penal Codeend insert.
P5 1(14) Body piercingbegin insert, as referenced in Section 119302 of the
2Health and Safety Code and Section 652 of the Penal Codeend insert.
3(15) Body brandingbegin insert, as referenced in Sections 119301 and
4119302 of the Health and Safety Codeend insert.
5(16) Permanent tattoobegin insert, as referenced in Sections 119301 and
6119302 of the Health and Safety Code and Section 653 of the Penal
7Codeend insert.
8(17) Drug paraphernaliabegin insert, as referenced in Section 11364.5 of
9the Health and Safety Codeend insert.
10(18) Electronic cigarettebegin insert,
as referenced in Section 119405 of
11the Health and Safety Codeend insert.
12(19) Harmful matter or obscene matterbegin insert, as referenced in Sections
13311, 313, and 313.1 of the Penal Codeend insert.
14(20) Laser pointerbegin insert, as referenced in Sections 417.25 and 417.27
15of the Penal Codeend insert.
16(21) A less lethal weaponbegin insert, as referenced in Sections 16780 and
1719405 of the Penal Codeend insert.
(a) An operator of an Internet Web site, online service,
19online application, or mobile application directed to minors or an
20operator of an Internet Web site, online service, online application,
21or mobile application that has actual knowledge that a minor is
22using its Internet Web site, online service, online application, or
23mobile application shall do all of the following:
24(1) Permit a minor who is a registered user of the operator’s
25Internet Web site, online service, online application, or mobile
26application to remove, or to request and obtain removal of, content
27or informationbegin delete publiclyend delete posted on the
operator’s Internet Web site,
28online service, online application, or mobile application by the
29user.
30(2) Provide notice to a minor who is a registered user of the
31operator’s Internet Web site, online service, online application, or
32
mobile application that the minor may remove, or request and
33obtain removal of, content or informationbegin delete publiclyend delete posted on the
34operator’s Internet Web site, online service, online application, or
35mobile application by the registered user.
36(3) Provide clear instructions to a minor who is a registered user
37of the operator’s Internet Web site, online service, online
38application, or mobile application on how the user may request
39and obtain the removal of content or informationbegin delete publiclyend delete posted
P6 1on the operator’s Internet Web site, online service, online
2application, or mobile application.
3(4) Provide notice to a minor who is
a registered user of the
4operator’s Internet Web site, online service, online application, or
5
mobile application that the removal described under subdivision
6(b) does not ensure complete or comprehensive removal of the
7content or informationbegin delete publiclyend delete posted on the operator’s Internet
8Web site, online service, online application, or mobile application
9by the registered user.
10(b) An operator or a third party is not required to erase or
11otherwise eliminate, or to enable erasure or elimination of, content
12or information in any of the following circumstances:
13(1) Any other provision of federal or state law requires the
14operator or third party to maintain the content or information.
15(2) The content or information wasbegin delete publiclyend delete
posted to the
16operator’s Internet Web site, online service, online application, or
17mobile application by a third party other than the minor, who is a
18registered user, including any content or information begin deletepubliclyend delete
19 posted by the registered user that was republished or reposted by
20the third party.
21(3) The operator anonymizes the content or information posted
22by the minor who is a registered user, so that the minor who is a
23registered user cannot be individually identified.
24(4) The minor does not follow the instructions provided to the
25minor pursuant to paragraph (3) of subdivision (a) on how the
26registered user may request and obtain the removal
of content or
27information posted on the operator’s Internet Web site, online
28service, online application, or mobile application by the registered
29user.
30(5) The minor has received compensation or other consideration
31for providing the content.
32(c) This section shall not be construed to limit the authority of
33a law enforcement agency to obtain any content or information
34from an operator as authorized by law or pursuant to an order of
35a court of competent jurisdiction.
36(d) An operator shall be deemed compliant with this section if:
37(1) It renders the content or information posted
by the minor
38user no longer visible to other users of the service and the public
39even if the content or information remains on the operator’s servers
40in some form.
P7 1(2) Despite making the original posting by the minor user
2invisible, it remains visible because a third party has copied the
3posting or reposted the content or information posted by the minor.
4(e) This section shall not be construed to require an operator or
5an Internet Web site, online service, online application, or mobile
6application to collect age information about users.
7(f) begin delete“Publicly posted”end deletebegin insert“Postedend insertbegin insert”end insert
means content or information
8that can be accessed by a user in addition to the minor who posted
9the content or information, whether the user is a registered user or
10not, of the Internet Web site, online service, online application, or
11mobile application where the content or information is posted.
This chapter shall become operative on January 1, 2015.
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