Amended  IN  Assembly  March 21, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 2511

Introduced by Assembly Member Chau

February 14, 2018

An act to add Title 1.81.5 (commencing with Section 1798.99.1) to Part 4 of Division 3 of the Civil Code, relating to privacy. the Internet.


LEGISLATIVE COUNSEL'S DIGEST


AB 2511, as amended, Chau. Privacy: The Parent’s Social Media Accountability and Child Protection Act.

Existing law requires a business that owns, licenses, or maintains personal information about a California resident to implement and maintain reasonable security procedures and practices appropriate to the nature of the information to protect the personal information from unauthorized access, destruction, use, modification, or disclosure.

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 or use or visit its commercial Web site or online service to conspicuously post its privacy policy on its Web site, 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.
Existing law prohibits 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. Existing law also makes it unlawful for any person to sell specified products or services to a minor or requires permission from a parent or legal guardian in order to sell to a minor. Under existing law, generally a minor may make a contract in the same manner as an adult.
This bill would prohibit a person or business that conducts business in California, that operates an Internet Web site or application that requires a password and that enables a minor resident of California to use the site or application to create and share content, including, but not limited to, photographs, messages, digitally created pictures, and videos uses a minor’s name, picture, or any information about the minor on a social media Internet Web site, as specified, or that sells those products and services that are to sell to a minor or that requires permission from a parent or legal guardian in order to sell to a minor, from engaging in specified acts, including soliciting or knowingly permitting the minor to agree to terms or conditions on behalf of an adult, or obtaining or seeking to obtain consent from the minor for any policy, practice, term, or condition through the business’ generally applicable terms and conditions of use. use, as specified. The bill would specify that a business or person that violates these provisions is subject to a civil penalty not exceeding $7,500 for each violation.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Title 1.81.5 (commencing with Section 1798.99.1) is added to Part 4 of Division 3 of the Civil Code, to read:

TITLE 1.81.5. The Parent’s Social Media Accountability and Child Protection Act

1798.99.1.
 (a) A This section applies to a person or business that conducts business in California, that operates an Internet Web site or application that requires a password, and that enables a minor resident of California to use the site or application to create and share content, including, but not limited to, photographs, messages, digitally created pictures, and videos, shall not do any of the following: seeks to do any of the following:
(1) Use a minor’s name, picture, or any information about the minor on a social media Internet Web site pursuant to an arrangement in which the person or business is paid by a third party to display the minor’s name, picture, or information without any compensation to the minor.
(2) Sell any product that is illegal to sell to a minor or that requires permission from a parent or legal guardian in order to sell to a minor, including, but limited to:
(A) Alcoholic beverages, as referenced in Sections 23003 to 23007, inclusive, and Section 25658 of the Business and Professions Code.
(B) Firearms or handguns, as referenced in Sections 16520, 16640, and 27505 of the Penal Code.
(C) Ammunition or reloaded ammunition, as referenced in Sections 16150 and 30300 of the Penal Code.
(D) An aerosol container of paint that is capable of defacing property, as referenced in Section 594.1 of the Penal Code.
(E) Etching cream that is capable of defacing property, as referenced in Section 594.1 of the Penal Code.
(F) Any tobacco, cigarette, or cigarette papers, or blunt wraps, or any other preparation of tobacco, or any other instrument or paraphernalia that is designed for the smoking or ingestion of tobacco, products prepared from tobacco, or any controlled substance, as referenced in Division 8.5 (commencing with Section 22950) of the Business and Professions Code, and Sections 308, 308.1, 308.2, and 308.3 of the Penal Code.
(G)  A BB device, as referenced in Sections 16250 and 19910 of the Penal Code.
(H) Dangerous fireworks, as referenced in Sections 12505 and 12689 of the Health and Safety Code.
(I) Tanning in an ultraviolet tanning device, as referenced in Sections 22702 and 22706 of the Business and Professions Code.
(J) Dietary supplement products containing ephedrine group alkaloids, as referenced in Section 110423.2 of the Health and Safety Code.
(K) Body branding, as referenced in Sections 119301 and 119302 of the Health and Safety Code.
(L) Drug paraphernalia, as referenced in Section 11364.5 of the Health and Safety Code.
(M) Electronic cigarettes, as referenced in Section 119406 of the Health and Safety Code.
(N) Obscene matter, as referenced in Section 311 of the Penal Code.
(O) A less lethal weapon, as referenced in Sections 16780 and 19405 of the Penal Code.
(b) No person or business described in subdivision (a) shall do any of the following:
(1) Solicit or knowingly permit the minor to agree to terms or conditions on behalf of an adult, including, but not limited to, the minor’s parent or legal guardian.
(2) Presume that consent of the minor implies consent of an adult, including, but not limited to, a parent or a legal guardian.
(3) Obtain or seek to obtain in terms or conditions the consent from the minor for any policy, practice, term, or condition through the business’ generally applicable terms and conditions of use. use that apply equally to minors and adults.
(4) Require the minor or his or her parent or legal guardian, through any agreement or condition, to waive his or her ability to combine as a class to enforce the requirements of this section, whether in civil court or in arbitration.

(b)

(c) In an action brought by a public prosecutor, a business or person that violates this section shall be subject to a civil penalty not exceeding seven thousand five hundred dollars ($7,500) for each violation.