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.