BILL NUMBER: SB 568 AMENDED
BILL TEXT
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, 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 knowingly 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 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.
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 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
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: 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.
(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,
(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
knowingly 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 if the
marketing or advertising is for a product described in subdivision
(g) (i) .
(b)
(d) "Minor" means a natural person under 18 years of
age who resides in the state.
(c)
(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 primarily
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.
(d)
(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.
(e)
(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.
(f)
(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 state or federal law expressly prohibits a minor from
purchasing is described in subdivision (i) .
(g)
(i) The marketing and advertising restrictions
described in subdivision 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
blunts 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 Sections 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 piercing, as referenced in Section 119302 of the Health
and Safety Code and Section 652 of the Penal Code.
(15)
(14) Body branding, as referenced in Sections 119301
and 119302 of the Health and Safety Code.
(16)
(15) Permanent tattoo, as referenced in Sections 119301
and 119302 of the Health and Safety Code and Section 653 of the
Penal Code.
(17)
(16) Drug paraphernalia, as referenced in Section
11364.5 of the Health and Safety Code.
(18)
(17) Electronic cigarette, as referenced in Section
119405 of the Health and Safety Code.
(19) Harmful matter or obscene
(18) Obscene matter, as
referenced in Sections Section 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)
(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 created primarily for the purposes of marketing and
advertising of the products or services described in (i).
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
subdivision (b) 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 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 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 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.