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

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

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

Download: California-2013-SB568-Enrolled.html
BILL NUMBER: SB 568	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 30, 2013
	PASSED THE ASSEMBLY  AUGUST 26, 2013
	AMENDED IN ASSEMBLY  AUGUST 15, 2013
	AMENDED IN ASSEMBLY  AUGUST 5, 2013
	AMENDED IN ASSEMBLY  JUNE 20, 2013
	AMENDED IN ASSEMBLY  JUNE 18, 2013
	AMENDED IN ASSEMBLY  JUNE 10, 2013
	AMENDED IN SENATE  APRIL 1, 2013

INTRODUCED BY   Senator Steinberg

                        FEBRUARY 22, 2013

   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, 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 knowingly using, disclosing, compiling, or
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 information posted on the operator's Internet Web site,
service, or application by the minor, unless the content or
information was 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.


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 shall
not market or advertise a product or service described in subdivision
(i) on its Internet Web site, online service, online application, or
mobile application directed to minors.
   (b) An operator of an Internet Web site, online service, online
application, or mobile application:
   (1) Shall not market or advertise a product or service described
in subdivision (i) to a minor who the operator has actual knowledge
is using its Internet Web site, online service, online application,
or mobile application and is a minor, if the marketing or advertising
is specifically directed to that minor based upon information
specific to that minor, including, but not limited to, the minor's
profile, activity, address, or location sufficient to establish
contact with a minor, and excluding Internet Protocol (IP) address
and product identification numbers for the operation of a service.
   (2) Shall be deemed to be in compliance with paragraph (1) if the
operator takes reasonable actions in good faith designed to avoid
marketing or advertising under circumstances prohibited under
paragraph (1).
   (c) An operator of an Internet Web site, online service, online
application, or mobile application directed to minors or who has
actual knowledge that a minor is using its Internet Web site, online
service, online application, or mobile application, shall not
knowingly use, disclose, compile, or allow a third party to use,
disclose, or compile, the personal information of a minor with actual
knowledge that the use, disclosure, or compilation is for the
purpose of marketing or advertising products or services to that
minor for a product described in subdivision (i).
   (d) "Minor" means a natural person under 18 years of age who
resides in the state.
   (e) "Internet Web site, online service, online application, or
mobile application directed to minors" mean an Internet Web site,
online service, online application, or mobile application, or a
portion thereof, that is created for the purpose of reaching an
audience that is predominately comprised of minors, and is not
intended for a more general audience comprised of adults. Provided,
however, that an Internet Web site, online service, online
application, or mobile application, or a portion thereof, shall not
be deemed to be directed at minors solely because it refers or links
to an Internet Web site, online service, online application, or
mobile application directed to minors by using information location
tools, including a directory, index, reference, pointer, or hypertext
link.
   (f) "Operator" means any person or entity that owns an Internet
Web site, online service, online application, or mobile application.
It does not include any third party that operates, hosts, or manages,
but does not own, an Internet Web site, online service, online
application, or mobile application on the owner's behalf or processes
information on the owner's behalf.
   (g) This section shall not be construed to require an operator of
an Internet Web site, online service, online application, or mobile
application to collect or retain age information about users.
   (h) (1) With respect to marketing or advertising provided by an
advertising service, the operator of an Internet Web site, online
service, online application, or mobile application directed to minors
shall be deemed to be in compliance with subdivision (a) if the
operator notifies the advertising service, in the manner required by
the advertising service, that the site, service, or application is
directed to minors.
   (2) If an advertising service is notified, in the manner required
by the advertising service, that an Internet Web site, online
service, online application, or mobile application is directed to
minors pursuant to paragraph (1), the advertising service shall not
market or advertise a product or service on the operator's Internet
Web site, online service, online application, or mobile application
that is described in subdivision (i).
   (i) The marketing and advertising restrictions described in
subdivisions (a) and (b) shall apply to the following products and
services as they are defined under state law:
   (1) Alcoholic beverages, as referenced in Sections 23003 to 23009,
inclusive, and Section 25658.
   (2) Firearms or handguns, as referenced in Sections 16520, 16640,
and 27505 of the Penal Code.
   (3) Ammunition or reloaded ammunition, as referenced in Sections
16150 and 30300 of the Penal Code.
   (4) Handgun safety certificates, as referenced in Sections 31625
and 31655 of the Penal Code.
   (5) Aerosol container of paint that is capable of defacing
property, as referenced in Section 594.1 of the Penal Code.
   (6) Etching cream that is capable of defacing property, as
referenced in Section 594.1 of the Penal Code.
   (7) 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) and
Sections 308, 308.1, 308.2, and 308.3 of the Penal Code.
   (8) BB device, as referenced in Sections 16250 and 19910 of the
Penal Code.
   (9) Dangerous fireworks, as referenced in Sections 12505 and 12689
of the Health and Safety Code.
   (10) Tanning in an ultraviolet tanning device, as referenced in
Sections 22702 and 22706.
   (11) Dietary supplement products containing ephedrine group
alkaloids, as referenced in Section 110423.2 of the Health and Safety
Code.
   (12) Tickets or shares in a lottery game, as referenced in
Sections 8880.12 and 8880.52 of the Government Code.
   (13) Salvia divinorum or Salvinorin A, or any substance or
material containing Salvia divinorum or Salvinorin A, as referenced
in Section 379 of the Penal Code.
   (14) Body branding, as referenced in Sections 119301 and 119302 of
the Health and Safety Code.
   (15) Permanent tattoo, as referenced in Sections 119301 and 119302
of the Health and Safety Code and Section 653 of the Penal Code.
   (16) Drug paraphernalia, as referenced in Section 11364.5 of the
Health and Safety Code.
   (17) Electronic cigarette, as referenced in Section 119405 of the
Health and Safety Code.
   (18) Obscene matter, as referenced in Section 311 of the Penal
Code.
   (19) A less lethal weapon, as referenced in Sections 16780 and
19405 of the Penal Code.
   (j) The marketing and advertising restrictions described in
subdivisions (a), (b), and (c) shall not apply to the incidental
placement of products or services embedded in content if the content
is not distributed by or at the direction of the operator primarily
for the purposes of marketing and advertising of the products or
services described in subdivision (i).
   (k) "Marketing or advertising" means, in exchange for monetary
compensation, to make a communication to one or more individuals, or
to arrange for the dissemination to the public of a communication,
about a product or service the primary purpose of which is to
encourage recipients of the communication to purchase or use the
product or service.
   22581.  (a) An operator of an Internet Web site, online service,
online application, or mobile application directed to minors or an
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 do all of the following:
   (1) 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, if the operator prefers, to request and
obtain removal of, content or information posted on the operator's
Internet Web site, online service, online application, or mobile
application by the user.
   (2) Provide notice to a minor who is a registered user of the
operator's Internet Web site, online service, online application, or
mobile application that the minor may remove or, if the operator
prefers, request and obtain removal of, content or information posted
on the operator's Internet Web site, online service, online
application, or mobile application by the registered user.
   (3) Provide clear instructions to a minor who is a registered user
of the operator's Internet Web site, online service, online
application, or mobile application on how the user may remove or, if
the operator prefers, request and obtain the removal of content or
information posted on the operator's Internet Web site, online
service, online application, or mobile application.
   (4) Provide notice to a minor who is a registered user of the
operator's Internet Web site, online service, online application, or
mobile application that the removal described under paragraph (1)
does not ensure complete or comprehensive removal of the content or
information posted on the operator's Internet Web site, online
service, online application, or mobile application by the registered
user.
   (b) An operator or a third party is not required to erase or
otherwise eliminate, or to enable erasure or elimination of, content
or information in any of 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 stored on or posted to the
operator's Internet Web site, online service, online application, or
mobile application by a third party other than the minor, who is a
registered user, including any content or information posted by the
registered user that was stored, republished, or reposted by the
third party.
   (3) The operator anonymizes the content or information posted by
the minor who is a registered user, so that the minor who is a
registered user cannot be individually identified.
   (4) The minor does not follow the instructions provided to the
minor pursuant to paragraph (3) of subdivision (a) on how the
registered user may request and obtain the removal of content or
information posted on the operator's Internet Web site, online
service, online application, or mobile application by the registered
user.
   (5) The minor has received compensation or other consideration for
providing the content.
   (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) An operator shall be deemed compliant with this section if:
   (1) It renders the content or information posted by the minor user
no longer visible to other users of the service and the public even
if the content or information remains on the operator's servers in
some form.
   (2) Despite making the original posting by the minor user
invisible, it remains visible because a third party has copied the
posting or reposted the content or information posted by the minor.
   (e) This section shall not be construed to require an operator of
an Internet Web site, online service, online application, or mobile
application to collect age information about users.
   (f) "Posted" means content or information that can be accessed by
a user in addition to the minor who posted the content or
information, whether the user is a registered user or not, of the
Internet Web site, online service, online application, or mobile
application where the content or information is posted.
   22582.  This chapter shall become operative on January 1, 2015.
  SEC. 2.  The provisions of this act are severable. If any provision
of this act or its application is held invalid, that invalidity
shall not affect other provisions or applications that can be given
effect without the invalid provision or application.
                
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