Amended in Assembly August 15, 2013

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

Senate BillNo. 568


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, compiling, or 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:

P2    1

SECTION 1.  

Chapter 22.1 (commencing with Section 22580)
2is added to Division 8 of the Business and Professions Code, to
3read:

4 

5Chapter  22.1. Privacy Rights for California Minors in
6the Digital World
7

 

8

22580.  

(a) An operator of an Internet Web site, online service,
9online application, or mobile application directed to minors shall
10not market or advertise a product or service described in
11subdivision (i) on its Internet Web site, online service, online
12application, or mobile application directed to minors.

P3    1(b) An operator of an Internet Web site, online service, online
2application, or mobilebegin delete application shallend deletebegin insert application:end insert

3begin insert(end insertbegin insert1)end insertbegin insertend insertbegin insertShallend insert not market or advertise a product or service described
4in subdivision (i) to a minor who the operator has actual knowledge
5is using its Internet Web site, online service, online application,
6or mobile application and is a minor, if the marketing or advertising
7is specifically directed to that minor based upon information
8specific to that minor, including, but not limited to, the minor’s
9profile, activity, address, or location sufficient to establish contact
10with a minor, and excluding Internet Protocol (IP) address and
11product identification numbers for the operation of a service.

begin insert

12(2) Shall be deemed to be in compliance with paragraph (1) if
13the operator takes reasonable actions in good faith designed to
14avoid marketing or advertising under circumstances prohibited
15under paragraph (1).

end insert

16(c) An operator of an Internet Web site, online service, online
17application, or mobile application directed to minors or who has
18actual knowledge that a minor is using its Internet Web site, online
19service, online application, or mobile application, shall not
20knowingly use, disclose, compile, or allow a third party to use,
21disclose, or compile, the personal information of a minor with
22actual knowledge that the use, disclosure, or compilation is for the
23purpose of marketing or advertising products or servicesbegin delete if the
24marketing or advertising isend delete
begin insert to that minorend insert for a product described
25in subdivision (i).

26(d) “Minor” means a natural person under 18 years of age who
27resides in the state.

28(e) “Internet Web site, online service, online application, or
29mobile application directed to minors” mean an Internet Web site,
30online service, online application, or mobile application, or a
31portion thereof, that is created for the purpose of reaching an
32audience that is predominately comprised of minors, and is not
33intended for a more general audience comprised of adults.
34Provided, however, that an Internet Web site, online service, online
35application, or mobile application, or a portion thereof, shall not
36be deemed to be directed at minors solely because it refers or links
37to an Internet Web site, online service, online application, or mobile
38application directed to minors by using information location tools,
39including a directory, index, reference, pointer, or hypertext link.

P4    1(f) “Operator” means any person or entity that owns an Internet
2Web site, online service, online application, or mobile application.
3It does not include any third party that operates, hosts, or manages,
4but does not own, an Internet Web site, online service, online
5application, or mobile application on the owner’s behalf or
6processes information on the owner’s behalf.

7(g) This section shall not be construed to require an operator of
8an Internet Web site, online service, online application, or mobile
9application to collect or retain age information about users.

10(h) (1) With respect to marketing or advertising provided by
11an advertising service, the operator of an Internet Web site, online
12service, online application, or mobile application directed to minors
13shall be deemed to be in compliance with subdivision (a) if the
14operator notifies the advertising service, in the manner required
15by the advertising service, that the site, service, or application is
16directed to minors.

17(2) If an advertising service is notified, in the manner required
18by the advertising service, that an Internet Web site, online service,
19online application, or mobile application is directed to minors
20pursuant to paragraph (1), the advertising service shall not market
21or advertise a product or service on the operator’s Internet Web
22site, online service, online application, or mobile application that
23 is described in subdivision (i).

24(i) The marketing and advertising restrictions described in
25subdivisions (a) and (b) shall apply to the following products and
26services as they are defined under state law:

27(1) Alcoholic beverages, as referenced in Sections 23003 to
2823009, inclusive, and Section 25658.

29(2) Firearms or handguns, as referenced in Sections 16520,
3016640, and 27505 of the Penal Code.

31(3) Ammunition or reloaded ammunition, as referenced in
32Sections 16150 and 30300 of the Penal Code.

33(4) Handgun safety certificates, as referenced in Sections 31625
34and 31655 of the Penal Code.

35(5) Aerosol container of paint that is capable of defacing
36property, as referenced in Section 594.1 of the Penal Code.

37(6) Etching cream that is capable of defacing property, as
38referenced in Section 594.1 of the Penal Code.

39(7) Any tobacco, cigarette, or cigarette papers, or blunt wraps,
40or any other preparation of tobacco, or any other instrument or
P5    1paraphernalia that is designed for the smoking or ingestion of
2tobacco, products prepared from tobacco, or any controlled
3substance, as referenced in Division 8.5 (commencing with Section
422950) and Sections 308, 308.1, 308.2, and 308.3 of the Penal
5Code.

6(8) BB device, as referenced in Sections 16250 and 19910 of
7the Penal Code.

8(9) Dangerous fireworks, as referenced in Sections 12505 and
912689 of the Health and Safety Code.

10(10) Tanning in an ultraviolet tanning device, as referenced in
11Sections 22702 and 22706.

12(11) Dietary supplement products containing ephedrine group
13alkaloids, as referenced in Section 110423.2 of the Health and
14Safety Code.

15(12) Tickets or shares in a lottery game, as referenced in Sections
168880.12 and 8880.52 of the Government Code.

17(13) Salvia divinorum or Salvinorin A, or any substance or
18material containing Salvia divinorum or Salvinorin A, as referenced
19in Section 379 of the Penal Code.

20(14) Body branding, as referenced in Sections 119301 and
21119302 of the Health and Safety Code.

22(15) Permanent tattoo, as referenced in Sections 119301 and
23119302 of the Health and Safety Code and Section 653 of the Penal
24Code.

25(16) Drug paraphernalia, as referenced in Section 11364.5 of
26the Health and Safety Code.

27(17) Electronic cigarette, as referenced in Section 119405 of
28the Health and Safety Code.

29(18) Obscene matter, as referenced in Section 311 of the Penal
30Code.

31(19) A less lethal weapon, as referenced in Sections 16780 and
3219405 of the Penal Code.

33(j) The marketing and advertising restrictions described in
34subdivisions (a), (b), and (c) shall not apply to the incidental
35placement of products or services embedded in content if the
36content is notbegin delete createdend deletebegin insert distributed by or at the direction of the
37operatorend insert
primarily for the purposes of marketing and advertising
38of the products or services described inbegin insert subdivisionend insert (i).

begin insert

39(k) “Marketing or advertising” means, in exchange for monetary
40compensation, to make a communication to one or more
P6    1individuals, or to arrange for the dissemination to the public of a
2communication, about a product or service the primary purpose
3of which is to encourage recipients of the communication to
4purchase or use the product or service.

end insert
5

22581.  

(a) An operator of an Internet Web site, online service,
6online application, or mobile application directed to minors or an
7operator of an Internet Web site, online service, online application,
8or mobile application that has actual knowledge that a minor is
9using its Internet Web site, online service, online application, or
10mobile application shall do all of the following:

11(1) Permit a minor who is a registered user of the operator’s
12Internet Web site, online service, online application, or mobile
13application to remove or, if the operator prefers, to request and
14obtain removal of, content or information posted on the operator’s
15Internet Web site, online service, online application, or mobile
16application by the user.

17(2) Provide notice to a minor who is a registered user of the
18operator’s Internet Web site, online service, online application, or
19 mobile application that the minor may remove or, if the operator
20prefers, request and obtain removal of, content or information
21posted on the operator’s Internet Web site, online service, online
22application, or mobile application by the registered user.

23(3) Provide clear instructions to a minor who is a registered user
24of the operator’s Internet Web site, online service, online
25application, or mobile application on how the user may remove
26or, if the operator prefers, request and obtain the removal of content
27or information posted on the operator’s Internet Web site, online
28service, online application, or mobile application.

29(4) Provide notice to a minor who is a registered user of the
30operator’s Internet Web site, online service, online application, or
31 mobile application that the removal described under paragraph (1)
32does not ensure complete or comprehensive removal of the content
33or information posted on the operator’s Internet Web site, online
34service, online application, or mobile application by the registered
35user.

36(b) An operator or a third party is not required to erase or
37otherwise eliminate, or to enable erasure or elimination of, content
38or information in any of the following circumstances:

39(1) Any other provision of federal or state law requires the
40operator or third party to maintain the content or information.

P7    1(2) The content or information wasbegin insert stored on orend insert posted to the
2operator’s Internet Web site, online service, online application, or
3mobile application by a third party other than the minor, who is a
4registered user, including any content or information posted by
5the registered user that wasbegin insert stored,end insert republishedbegin insert,end insert or reposted by the
6third party.

7(3) The operator anonymizes the content or information posted
8by the minor who is a registered user, so that the minor who is a
9registered user cannot be individually identified.

10(4) The minor does not follow the instructions provided to the
11minor pursuant to paragraph (3) of subdivision (a) on how the
12registered user may request and obtain the removal of content or
13information posted on the operator’s Internet Web site, online
14service, online application, or mobile application by the registered
15user.

16(5) The minor has received compensation or other consideration
17for providing the content.

18(c) This section shall not be construed to limit the authority of
19a law enforcement agency to obtain any content or information
20from an operator as authorized by law or pursuant to an order of
21a court of competent jurisdiction.

22(d) An operator shall be deemed compliant with this section if:

23(1) It renders the content or information posted by the minor
24user no longer visible to other users of the service and the public
25even if the content or information remains on the operator’s servers
26in some form.

27(2) Despite making the original posting by the minor user
28invisible, it remains visible because a third party has copied the
29posting or reposted the content or information posted by the minor.

30(e) This section shall not be construed to require an operator of
31an Internet Web site, online service, online application, or mobile
32application to collect age information about users.

33(f) “Posted” means content or information that can be accessed
34by a user in addition to the minor who posted the content or
35 information, whether the user is a registered user or not, of the
36Internet Web site, online service, online application, or mobile
37application where the content or information is posted.

38

22582.  

This chapter shall become operative on January 1, 2015.

39

SEC. 2.  

The provisions of this act are severable. If any
40provision of this act or its application is held invalid, that invalidity
P8    1shall not affect other provisions or applications that can be given
2effect without the invalid provision or application.



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