Amended  IN  Assembly  April 12, 2019
Amended  IN  Assembly  March 25, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill No. 1138

Introduced by Assembly Member Gallagher
(Coauthors: Assembly Members Cunningham and Mayes)

February 21, 2019

An act to add Section 1798.99.3 to the Civil Code, relating to business.


LEGISLATIVE COUNSEL'S DIGEST


AB 1138, as amended, Gallagher. Social media: the Parent’s Accountability and Child Protection Act.
Existing federal law requires an operator of an internet website or online service directed to a child, as defined, or an operator of an internet website 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, the California Consumer Privacy Act of 2018, prohibits a business from selling the personal information, as defined, of a consumer without first obtaining the authorization of the consumer’s parent or guardian, if the business has actual knowledge that the consumer is less than 16 years of age.
Existing state law state prohibits an operator of an internet website, online service, online application, or mobile application, as specified, from marketing or advertising specified types of products or services to a minor.
Existing law, known as the Parent’s Accountability and Child Protection Act, commencing on January 1, 2020, requires a person or business that conducts business in California and that seeks to sell specified products or services to take reasonable steps, as specified, to ensure that the purchaser is of legal age at the time of purchase or delivery, including, but not limited to, verifying the age of the purchaser.
This bill would prohibit a person or business that conducts business in California, and that operates a social media website or application, as defined, from allowing a person under 16 years of age to create an account with the website or application unless the website or application obtains the consent of the person’s parent or guardian before creating the account.
The bill would also require the Department of Justice Justice, on or before January 1, 2021, to establish guidelines specifying the means by which a social media website or application would be required to obtain consent from a parent or guardian before the creation of an account by a person under 16 years of age.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 1798.99.3 is added to the Civil Code, immediately following Section 1798.99.1, to read:

1798.99.3.
 (a) A person or business that conducts business in California, and that operates a social media website or application, shall not allow a person under 16 years of age to create an account with the website or application unless the website or application obtains the consent of the person’s parent or guardian before creating of the account.
(b) The On or before January 1, 2021, the Department of Justice shall establish guidelines specifying the means by which a social media website or application is required to obtain consent from a parent or guardian before the creation of an account by a person under 16 years of age.
(c) For purposes of this section “social media” means an electronic service or account held open to the general public to post, on either a public or a semipublic page dedicated to a particular user, electronic content or communication, including, but not limited to, videos, still photographs, or messages intended to facilitate the sharing of information, ideas, personal messages, or other content.