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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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

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BILL NUMBER: SB 568	AMENDED
	BILL TEXT

	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, 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 information  publicly  posted on the
operator's Internet Web site, service, or application by the minor,
unless the content or information was  publicly 
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:

  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 on the Internet Web
site, online service, online application, or mobile application
directed to minors, or to a minor who the operator has actual
knowledge is using its Internet Web site, online service, online
application, or mobile application if the marketing or advertising is
for a product described in subdivision (g).
   (2) Use, disclose, compile, or knowingly allow a third party to
use, disclose, or compile, the personal information of a minor for
the purpose of marketing or advertising products or services if the
marketing or advertising is for a product described in subdivision
(g).
   (b) "Minor" means a natural person under 18 years of age who
resides in the state.
   (c) "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 primarily comprised of minors. 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.
   (d) "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.
   (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 or retain age information about users.
   (f) (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  informs   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 state or federal law expressly prohibits a minor from
purchasing.
   (g) The marketing and advertising restrictions described in
subdivision (a) 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 blunts 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, 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 Sections 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 piercing  , as referenced in Section 119302 of the
Health and Safety Code and Section 652 of the Penal Code  .
   (15) Body branding  , as referenced in Sections 119301 and
119302 of the Health and Safety Code  .
   (16) Permanent tattoo  , as referenced in Sections 119301 and
119302 of the Health and Safety Code and Section 653 of the Penal
Code  .
   (17) Drug paraphernalia  , as referenced in Section 11364.5 of
the Health and Safety Code  .
   (18) Electronic cigarette  ,   as referenced in
Section 119405 of the Health and Safety Code  .
   (19) Harmful matter or obscene matter  , as referenced in
Sections 311, 313, and 313.1 of the Penal Code  .
   (20) Laser pointer  , as referenced in Sections 417.25 and
417.27 of the Penal Code  .
   (21) A less lethal weapon  , as referenced in Sections 16780
and 19405 of the Penal Code  .
   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 to request and obtain removal of, content
or information  publicly  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 request and obtain
removal of, content or information  publicly  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 request and
obtain the removal of content or information publicly
 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 subdivision (b)
does not ensure complete or comprehensive removal of the content or
information  publicly  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  publicly 
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
 publicly  posted by the registered user that was
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 or
an Internet Web site, online service, online application, or mobile
application to collect age information about users.
   (f)  "Publicly posted"   "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.