Bill Text: CA SB568 | 2013-2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Privacy: Internet: minors.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2013-09-23 - Chaptered by Secretary of State. Chapter 336, Statutes of 2013. [SB568 Detail]

Download: California-2013-SB568-Amended.html
BILL NUMBER: SB 568	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 1, 2013

INTRODUCED BY   Senator Steinberg

                        FEBRUARY 22, 2013

    An act relating to the Internet.   An act to
add Chapter 22.1 (commencing with Section 22580) to Division 8 of
the Business and Professions Code, relating to the Internet. 


	LEGISLATIVE COUNSEL'S DIGEST


   SB 568, as amended, Steinberg.  Internet: minors:
protection.   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 prohibit an operator of an Internet Web site,
online service, online application, or mobile application, as
specified, from marketing or advertising a product or service to a
minor, as defined, if the minor cannot legally purchase the product
or participate in the service in the State of California. The bill
would prohibit an operator from using, disclosing, or compiling, or
allowing a 3rd party to knowingly use, disclose, or compile, the
personal information of a minor for the purpose of marketing goods or
services that minors cannot legally purchase or engage in the State
of California.  
   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 to remove content or information
submitted to or posted on the operator's Internet Web site, service,
or application by the minor, unless the content or information was
submitted or posted by a 3rd party or any other provision of state or
federal law requires the operator or 3rd party to maintain the
content or information, and require the operator to provide notice to
a minor that the minor may remove the content or information, as
specified.  
   Existing federal law requires, among other things, an operator of
an Internet Web site or online service directed to children 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, 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 state the intent of the Legislature to enact
legislation that would provide protection on the Internet for minors.

   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Chapter 22.1 (commencing with Section
22580) is added to Division 8 of the   Business and
Professions Code   , to read:  
      CHAPTER 22.1.  PRIVACY RIGHTS FOR CALIFORNIA MINORS IN THE
DIGITAL WORLD


   22580.  (a) An operator of an Internet Web site, online service,
online application, or mobile application directed to minors or the
operator of an Internet Web site, online service, online application,
or mobile application that has actual knowledge that a minor is
using its Internet Web site, online service, online application, or
mobile application shall not do any of the following:
   (1) Market or advertise a product or service to a minor, if the
minor cannot legally purchase the product or participate in the
service in the State of California.
   (2) Use, disclose, or compile, or knowingly allow a third party to
use, disclose, or compile, the personal information of a minor for
the purpose of marketing goods or services that minors cannot legally
purchase or engage in in the State of California.
   (b) "Minor" means a natural person under 18 years of age.
   22581.  (a) An operator of an Internet Web site, online service,
online application, or mobile application shall do all of the
following:
   (1) Permit a minor who is a user of the operator's Internet Web
site, service, or application to remove content or information
submitted to or posted on the operator's website, service, or
application by the user.
   (2) Provide notice to a minor who is the user of the operator's
Internet Web site, service, or application that the minor may remove
content or information submitted to or posted on the operator's
website, service, or application by the user.
   (3) Provide notice to a minor who is the user of the operator's
Internet Web site, service, or application that the removal described
under subdivision (b) does not ensure complete or comprehensive
removal of the content or information submitted to or posted on the
operator's Internet Web site, service, or application by the user.
   (b) An operator or a third party is not required to erase or
otherwise eliminate content or information in either or the following
circumstances:
   (1) Any other provision of federal or state law requires the
operator or third party to maintain the content or information.
   (2) The content or information was submitted to the operator's
Internet Web site, service, or application by a third party other
than the minor user, including any content or information submitted
by the minor user that was republished or resubmitted by the third
party.
   (c) This section shall not be construed to limit the authority of
a law enforcement agency to obtain any content or information from an
operator as authorized by law or pursuant to an order of a court of
competent jurisdiction.
   (d) This section shall become operative on January 1, 2015. 

  SECTION 1.    It is the intent of the Legislature
to enact legislation that would provide protection on the Internet
for minors.   
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