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 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 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   state or federal
law expressly   prohibits a minor from purchasing the
product or service  . 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.
 marketing or advertising products or services if state
or federal law expressly prohibits a minor from purchasing the
product or service. 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
 submitted to or   publicly  posted on the
operator's Internet Web site, service, or application by the minor,
unless the content or information was  submitted or 
 publicly  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   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, if the minor cannot
legally purchase the product or participate in the service in the
State of California.   minor who the operator has actual
knowledge is using its Internet Web site, online service, online
application, or mobile application if state or federal law expressly
prohibits a minor from purchasing the product or service. 
   (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.   or advertising
products or services if state or federal law expressly prohibits a
minor from purchasing the product or service. 
   (b) "Minor" means a natural person under 18 years of age  who
resides in the state  . 
   (c) 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. 

   (d) (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 the advertising service that the site, service, or
application is directed to minors.  
   (2) If an advertising service is notified 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. 
   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
 submitted to or   publicly  posted on the
operator's  website   Internet Web site  ,
 online  service,  online application,  or 
mobile  application by the user.
   (2) Provide notice to a minor who is  the   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  submitted to
or   publicly  posted on the operator's 
website,   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.  
   (3) 
    (4)  Provide notice to a minor who is  the
  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  submitted to or  
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  either or   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  submitted 
 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
 submitted   publicly posted  by the
 minor   registered  user that was
republished or  resubmitted   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. 
   (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.
 
   (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" 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.