USA Laws
Passed House amended (10/07/1998)
Contents
Bill Summary
TABLE OF CONTENTS:
Title I: Protection From Material That Is Harmful to Minors
Title II: Children’s Online Privacy Protection
Child Online Protection Act – Title I:
Protection From Material That Is Harmful to Minors – Amends the Communications Act of 1934 to make it unlawful for anyone who, with knowledge of the character of the material, in interstate or foreign commerce by means of the World Wide Web, makes any communication for commercial purposes that is available to minors (persons under age 17) and that includes any material that is harmful to minors.
Provides additional penalties for each violation. Makes such prohibition inapplicable to telecommunications carriers and other Internet service providers. Makes it an affirmative defense that such person: (1) requires the use of a credit card, debit account, adult access code, or adult personal identification number; (2) accepts a digital certificate that verifies age; or (3) uses other reasonable age verification measures.
Prohibits a person making such a communication from disclosing any information collected for purposes of restricting access to such communication to individuals 17 years of age or older without the prior written consent of: (1) the individual concerned if such individual is an adult; or (2) the individual’s parent or guardian, if such individual is under 17 years old. Requires the person making such communication to take necessary actions to prevent unauthorized access to such information.
Provides exceptions with respect to disclosure that is: (1) necessary to make the communication or to conduct a legitimate business activity related to making the communication; or (2) made pursuant to a court order authorizing such disclosure.
Requires a provider of interactive computer service, at the time of entering into an agreement with a customer, to notify such customer that parental control protections are commercially available that may assist the customer in limiting access to material that is harmful to minors.
Establishes the Commission on Online Child Protection to study and report to the Congress on methods to help reduce access by minors to Internet material that is harmful to such minors. Terminates the Commission 30 days after its report.
Title II: Children’s Online Privacy Protection
Makes it unlawful for an operator of a website or online service directed to children under age 13, or any operator that has actual knowledge that it is collecting personal information from a child, to collect personal information from a child in a manner that violates regulations prescribed under this title. Protects such operator from liability for disclosures of such information to the child’s parent. Directs the Federal Trade Commission (FTC) to promulgate regulations implementing such requirements. Outlines conditions under which verifiable parental consent shall not be required.
Allows an operator to satisfy such regulatory requirements by following a set of self-regulatory guidelines issued by representatives of marketing or online industries or other approved individuals. Directs the FTC to provide incentives for such self-regulation. Requires expedited FTC response to requests from operators as to whether their self-regulatory guidelines are sufficient to satisfy the regulatory requirements.
Authorizes the States to enforce such regulations by bringing actions on behalf of residents. Requires the appropriate State attorney general to first notify the FTC of such action. Authorizes the FTC to intervene in any such action.
Provides for enforcement of this Act through the Federal Trade Commission Act.
Directs the FTC to review and report to the Congress on the implementation of this title.
H.R.3783 — 105th Congress (1997-1998)
Engrossed in House (10/07/1998)
[Congressional Bills 105th Congress]
[From the U.S. Government Printing Office]
[H.R. 3783 Engrossed in House (EH)]
2d Session
H. R. 3783
_______________________________________________________________________
AN ACT
To amend the Communications Act of 1934 to require persons who are engaged in the business of distributing, by means of the World Wide Web, material that is harmful to minors to restrict access to such material by minors, and for other purposes.
105th CONGRESS
2d Session
H. R. 3783
_______________________________________________________________________
AN ACT
To amend the Communications Act of 1934 to require persons who are
engaged in the business of distributing, by means of the World Wide
Web, material that is harmful to minors to restrict access to such
material by minors, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the “Child Online Protection Act”.
TITLE I–PROTECTION FROM MATERIAL THAT IS HARMFUL TO MINORS
SEC. 101. CONGRESSIONAL FINDINGS.
The Congress finds that–
(1) while custody, care, and nurture of the child resides
first with the parent, the widespread availability of the
Internet presents opportunities for minors to access materials
through the World Wide Web in a manner that can frustrate
parental supervision or control;
(2) the protection of the physical and psychological well-
being of minors by shielding them from materials that are
harmful to them is a compelling governmental interest;
(3) to date, while the industry has developed innovative
ways to help parents and educators restrict material that is
harmful to minors through parental control protections and
self-regulation, such efforts have not provided a national
solution to the problem of minors accessing harmful material on
the World Wide Web;
(4) a prohibition on the distribution of material harmful
to minors, combined with legitimate defenses, is currently the
most effective and least restrictive means by which to satisfy
the compelling government interest; and
(5) notwithstanding the existence of protections that limit
the distribution over the World Wide Web of material that is
harmful to minors, parents, educators, and industry must
continue efforts to find ways to protect children from being
exposed to harmful material found on the Internet.
SEC. 102. REQUIREMENT TO RESTRICT ACCESS BY MINORS TO MATERIALS
COMMERCIALLY DISTRIBUTED BY MEANS OF THE WORLD WIDE WEB
THAT ARE HARMFUL TO MINORS.
Part I of title II of the Communications Act of 1934 (47 U.S.C. 201
et seq.) is amended by adding at the end the following new section:
“SEC. 231. RESTRICTION OF ACCESS BY MINORS TO MATERIALS COMMERCIALLY
DISTRIBUTED BY MEANS OF WORLD WIDE WEB THAT ARE HARMFUL
TO MINORS.
“(a) Requirement To Restrict Access.–
“(1) Prohibited conduct.–Whoever knowingly and with
knowledge of the character of the material, in interstate or
foreign commerce by means of the World Wide Web, makes any
communication for commercial purposes that is available to any
minor and that includes any material that is harmful to minors
shall be fined not more than $50,000, imprisoned not more than
6 months, or both.
“(2) Intentional violations.–In addition to the penalties
under paragraph (1), whoever intentionally violates such
paragraph shall be subject to a fine of not more than $50,000
for each violation. For purposes of this paragraph, each day of
violation shall constitute a separate violation.
“(3) Civil penalty.–In addition to the penalties under
paragraphs (1) and (2), whoever violates paragraph (1) shall be
subject to a civil penalty of not more than $50,000 for each
violation. For purposes of this paragraph, each day of
violation shall constitute a separate violation.
“(b) Inapplicability of Carriers and Other Service Providers.–For
purposes of subsection (a), a person shall not be considered to make
any communication for commercial purposes to the extent that such
person is–
“(1) a telecommunications carrier engaged in the provision
of a telecommunications service;
“(2) a person engaged in the business of providing an
Internet access service;
“(3) a person engaged in the business of providing an
Internet information location tool; or
“(4) similarly engaged in the transmission, storage,
retrieval, hosting, formatting, or translation (or any
combination thereof) of a communication made by another person,
without selection or alteration of the content of the
communication, except that such person’s deletion of a
particular communication or material made by another person in
a manner consistent with subsection (c) or section 230 shall
not constitute such selection or alteration of the content of
the communication.
“(c) Affirmative Defense.–
“(1) Defense.–It is an affirmative defense to prosecution
under this section that the defendant, in good faith, has
restricted access by minors to material that is harmful to
minors–
“(A) by requiring use of a credit card, debit
account, adult access code, or adult personal
identification number;
“(B) by accepting a digital certificate that
verifies age; or
“(C) by any other reasonable measures that are
feasible under available technology.
“(2) Protection for use of defenses.–No cause of action
may be brought in any court or administrative agency against
any person on account of any activity that is not in violation
of any law punishable by criminal or civil penalty, and that
the person has taken in good faith to implement a defense
authorized under this subsection or otherwise to restrict or
prevent the transmission of, or access to, a communication
specified in this section.
“(d) Privacy Protection Requirements.–
“(1) Disclosure of information limited.–A person making a
communication described in subsection (a)–
“(A) shall not disclose any information collected
for the purposes of restricting access to such
communications to individuals 17 years of age or older
without the prior written or electronic consent of–
“(i) the individual concerned, if the
individual is an adult; or
“(ii) the individual’s parent or guardian,
if the individual is under 17 years of age; and
“(B) shall take such actions as are necessary to
prevent unauthorized access to such information by a
person other than the person making such communication
and the recipient of such communication.
“(2) Exceptions.–A person making a communication
described in subsection (a) may disclose such information if
the disclosure is–
“(A) necessary to make the communication or
conduct a legitimate business activity related to
making the communication; or
“(B) made pursuant to a court order authorizing
such disclosure.
“(e) Definitions.–For purposes of this subsection, the following
definitions shall apply:
“(1) By means of the world wide web.–The term `by means
of the World Wide Web’ means by placement of material in a
computer server-based file archive so that it is publicly
accessible, over the Internet, using hypertext transfer
protocol or any successor protocol.
“(2) Commercial purposes; engaged in the business.–
“(A) Commercial purposes.–A person shall be
considered to make a communication for commercial
purposes only if such person is engaged in the business
of making such communications.
“(B) Engaged in the business.–The term `engaged
in the business’ means that the person who makes a
communication, or offers to make a communication, by
means of the World Wide Web, that includes any material
that is harmful to minors, devotes time, attention, or
labor to such activities, as a regular course of such
person’s trade or business, with the objective of
earning a profit as a result of such activities
(although it is not necessary that the person make a
profit or that the making or offering to make such
communications be the person’s sole or principal
business or source of income). A person may be
considered to be engaged in the business of making, by
means of the World Wide Web, communications for
commercial purposes that include material that is
harmful to minors, only if the person knowingly causes
the material that is harmful to minors to be posted on
the World Wide Web or knowingly solicits such material
to be posted on the World Wide Web.
“(3) Internet.–The term `Internet’ means the combination
of computer facilities and electromagnetic transmission media,
and related equipment and software, comprising the
interconnected worldwide network of computer networks that
employ the Transmission Control Protocol/Internet Protocol or
any successor protocol to transmit information.
“(4) Internet access service.–The term `Internet access
service’ means a service that enables users to access content,
information, electronic mail, or other services offered over
the Internet, and may also include access to proprietary
content, information, and other services as part of a package
of services offered to consumers. Such term does not include
telecommunications services.
“(5) Internet information location tool.–The term
`Internet information location tool’ means a service that
refers or links users to an online location on the World Wide
Web. Such term includes directories, indices, references,
pointers, and hypertext links.
“(6) Material that is harmful to minors.–The term
`material that is harmful to minors’ means any communication,
picture, image, graphic image file, article, recording,
writing, or other matter of any kind that is obscene or that–
“(A) the average person, applying contemporary
community standards, would find, taking the material as
a whole and with respect to minors, is designed to
appeal to, or is designed to pander to, the prurient
interest;
“(B) depicts, describes, or represents, in a
manner patently offensive with respect to minors, an
actual or simulated sexual act or sexual contact, an
actual or simulated normal or perverted sexual act, or
a lewd exhibition of the genitals or post-pubescent
female breast; and
“(C) taken as a whole, lacks serious literary,
artistic, political, or scientific value for minors.
“(7) Minor.–The term `minor’ means any person under 17 years of age.”.
SEC. 103. NOTICE REQUIREMENT.
(a) Notice.–Section 230 of the Communications Act of 1934 (47
U.S.C. 230) is amended–
(1) in subsection (d)(1), by inserting “or 231” after
“section 223”;
(2) by redesignating subsections (d) and (e) as subsections
(e) and (f), respectively; and
(3) by inserting after subsection (c) the following new
subsection:
“(d) Obligations of Interactive Computer Service.–A provider of
interactive computer service shall, at the time of entering an
agreement with a customer for the provision of interactive computer
service and in a manner deemed appropriate by the provider, notify such
customer that parental control protections (such as computer hardware,
software, or filtering services) are commercially available that may
assist the customer in limiting access to material that is harmful to
minors. Such notice shall identify, or provide the customer with access
to information identifying, current providers of such protections.”.
(b) Conforming Amendment.–Section 223(h)(2) of the Communications
Act of 1934 (47 U.S.C. 223(h)(2)) is amended by striking “230(e)(2)”
and inserting “230(f)(2)”.
SEC. 104. STUDY BY COMMISSION ON ONLINE CHILD PROTECTION.
(a) Establishment.–There is hereby established a temporary
Commission to be known as the Commission on Online Child Protection (in
this section referred to as the “Commission”) for the purpose of
conducting a study under this section regarding methods to help reduce
access by minors to material that is harmful to minors on the Internet.
(b) Membership.–The Commission shall be composed of 19 members, as
follows:
(1) Industry members.–The Commission shall include–
(A) 2 members who are engaged in the business of
providing Internet filtering or blocking services or
software;
(B) 2 members who are engaged in the business of
providing Internet access services;
(C) 2 members who are engaged in the business of
providing labeling or ratings services;
(D) 2 members who are engaged in the business of
providing Internet portal or search services;
(E) 2 members who are engaged in the business of
providing domain name registration services;
(F) 2 members who are academic experts in the field
of technology; and
(G) 4 members who are engaged in the business of
making content available over the Internet.
Of the members of the Commission by reason of each subparagraph
of this paragraph, an equal number shall be appointed by the
Speaker of the House of Representatives and by the Majority
Leader of the Senate.
(2) Ex officio members.–The Commission shall include the
following officials:
(A) The Assistant Secretary (or the Assistant
Secretary’s designee).
(B) The Attorney General (or the Attorney General’s
designee).
(C) The Chairman of the Federal Trade Commission
(or the Chairman’s designee).
(c) Study.–
(1) In general.–The Commission shall conduct a study to
identify technological or other methods that–
(A) will help reduce access by minors to material
that is harmful to minors on the Internet; and
(B) may meet the requirements for use as
affirmative defenses for purposes of section 231(c) of
the Communications Act of 1934 (as added by this Act).
Any methods so identified shall be used as the basis for making
legislative recommendations to the Congress under subsection
(d)(3).
(2) Specific methods.–In carrying out the study, the
Commission shall identify and analyze various technological
tools and methods for protecting minors from material that is
harmful to minors, which shall include (without limitation)–
(A) a common resource for parents to use to help
protect minors (such as a “one-click-away” resource);
(B) filtering or blocking software or services;
(C) labeling or rating systems;
(D) age verification systems;
(E) the establishment of a domain name for posting
of any material that is harmful to minors; and
(F) any other existing or proposed technologies or
methods for reducing access by minors to such material.
(3) Analysis.–In analyzing technologies and other methods
identified pursuant to paragraph (2), the Commission shall
examine–
(A) the cost of such technologies and methods;
(B) the effects of such technologies and methods on
law enforcement entities;
(C) the effects of such technologies and methods on
privacy;
(D) the extent to which material that is harmful to
minors is globally distributed and the effect of such
technologies and methods on such distribution;
(E) the accessibility of such technologies and
methods to parents; and
(F) such other factors and issues as the Commission
considers relevant and appropriate.
(d) Report.–Not later than 1 year after the enactment of this Act,
the Commission shall submit a report to the Congress containing the
results of the study under this section, which shall include–
(1) a description of the technologies and methods
identified by the study and the results of the analysis of each
such technology and method;
(2) the conclusions and recommendations of the Commission
regarding each such technology or method;
(3) recommendations for legislative or administrative
actions to implement the conclusions of the committee; and
(4) a description of the technologies or methods identified
by the study that may meet the requirements for use as
affirmative defenses for purposes of section 231(c) of the
Communications Act of 1934 (as added by this Act).
(e) Staff and Resources.–The Assistant Secretary for Communication
and Information of the Department of Commerce shall provide to the
Commission such staff and resources as the Assistant Secretary
determines necessary for the Commission to perform its duty efficiently
and in accordance with this section.
(f) Termination.–The Commission shall terminate 30 days after the
submission of the report under subsection (d).
(g) Inapplicability of Federal Advisory Committee Act.–The Federal
Advisory Committee Act (5 U.S.C. App.) shall not apply to the
Commission.
SEC. 105. EFFECTIVE DATE.
This title and the amendments made by this title shall take effect 30 days after the date of enactment of this Act.
TITLE II–CHILDREN’S ONLINE PRIVACY PROTECTION
SEC. 201. DEFINITIONS.
In this title:
(1) Child.–The term “child” means an individual under the age of 13.
(2) Operator.–The term “operator” means any person
operating a website on the World Wide Web or any online service
for commercial purposes, including any person offering products
or services for sale through that website or online service,
involving commerce–
(A) among the several States or with 1 or more
foreign nations;
(B) in any territory of the United States or in the
District of Columbia, or between any such territory
and–
(i) another such territory; or
(ii) any State or foreign nation; or
(C) between the District of Columbia and any State,
territory, or foreign nation.
For purposes of this title, the term “operator” does not
include any non-profit entity that would otherwise be exempt
from coverage under section 5 of the Federal Trade Commission
Act (15 U.S.C. 45).
(3) Commission.–The term “Commission” means the Federal Trade Commission.
(4) Disclosure.–The term “disclosure” means, with
respect to personal information–
(A) the release of personal information collected
from a child in identifiable form by an operator for
any purpose, except where such information is provided
to a person other than the operator who provides
support for the internal operations of the website and
does not disclose or use that information for any other
purpose; and
(B) making personal information collected from a
child by a website or online service directed to
children or with actual knowledge that such information
was collected from a child, publicly available in
identifiable form, by any means including by a public
posting, through the Internet, or through–
(i) a home page of a website;
(ii) a pen pal service;
(iii) an electronic mail service;
(iv) a message board; or
(v) a chat room.
(5) Federal agency.–The term “Federal agency” means an
agency, as that term is defined in section 551(1) of title 5,
United States Code.
(6) Internet.–The term “Internet” means collectively the
myriad of computer and telecommunications facilities, including
equipment and operating software, which comprise the
interconnected world-wide network of networks that employ the
Transmission Control Protocol/Internet Protocol, or any
predecessor or successor protocols to such protocol, to
communicate information of all kinds by wire or radio.
(7) Parent.–The term “parent” includes a legal guardian.
(8) Personal information.–The term “personal
information” means individually identifiable information about
an individual collected online, including–
(A) a first and last name;
(B) a home or other physical address including
street name and name of a city or town;
(C) an e-mail address;
(D) a telephone number;
(E) a Social Security number;
(F) any other identifier that the Commission
determines permits the physical or online contacting of
a specific individual; or
(G) information concerning the child or the parents
of that child that the website collects online from the
child and combines with an identifier described in this
paragraph.
(9) Verifiable parental consent.–The term “verifiable
parental consent” means any reasonable effort (taking into
consideration available technology), including a request for
authorization for future collection, use, and disclosure
described in the notice, to ensure that a parent of a child
receives notice of the operator’s personal information
collection, use, and disclosure practices, and authorizes the
collection, use, and disclosure, as applicable, of personal
information and the subsequent use of that information before
that information is collected from that child.
(10) Website or online service directed to children.–
(A) In general.–The term “website or online
service directed to children” means —
(i) a commercial website or online service
that is targeted to children; or
(ii) that portion of a commercial website
or online service that is targeted to children.
(B) Limitation.–A commercial website or online
service, or a portion of a commercial website or online
service, shall not be deemed directed to children
solely for referring or linking to a commercial website
or online service directed to children by using
information location tools, including a directory,
index, reference, pointer, or hypertext link.
(11) Person.–The term “person” means any individual,
partnership, corporation, trust, estate, cooperative, association, or other entity.
(12) Online contact information.–The term “online contact
information” means an e-mail address or another substantially
similar identifier that permits direct contact with a person online.
SEC. 202. REGULATION OF UNFAIR AND DECEPTIVE ACTS AND PRACTICES IN
CONNECTION WITH THE COLLECTION AND USE OF PERSONAL
INFORMATION FROM AND ABOUT CHILDREN ON THE INTERNET.
(a) Acts Prohibited.–
(1) In general.–It is unlawful for an operator of a
website or online service directed to children, or any operator
that has actual knowledge that it is collecting personal
information from a child, to collect personal information from
a child in a manner that violates the regulations prescribed
under subsection (b).
(2) Disclosure to parent protected.–Notwithstanding
paragraph (1), neither an operator of such a website or online
service nor the operator’s agent shall be held to be liable
under any Federal or State law for any disclosure made in good
faith and following reasonable procedures in responding to a
request for disclosure of personal information under subsection
(b)(1)(B)(iii) to the parent of a child.
(b) Regulations.–
(1) In general.–Not later than 1 year after the date of
the enactment of this Act, the Commission shall promulgate
under section 553 of title 5, United States Code, regulations
that–
(A) require the operator of any website or online
service directed to children that collects personal
information from children or the operator of a website
or online service that has actual knowledge that it is
collecting personal information from a child–
(i) to provide notice on the website of
what information is collected from children by
the operator, how the operator uses such
information, and the operator’s disclosure
practices for such information; and
(ii) to obtain verifiable parental consent
for the collection, use, or disclosure of
personal information from children;
(B) require the operator to provide, upon request
of a parent whose child has provided personal
information to that website or online service–
(i) a description of the specific types of
personal information collected from the child
by that operator;
(ii) notwithstanding any other provision of
law, the opportunity at any time to refuse to
permit the operator’s further use or
maintenance in retrievable form, or future
online collection, of personal information on
that child; and
(iii) a means that is reasonable under the
circumstances for the parent to obtain any
personal information collected from that child;
(C) prohibit conditioning a child’s participation
in a game, the offering of a prize, or another activity
on the child disclosing more personal information than
is reasonably necessary to participate in such
activity;
(D) require the operator of such a website or
online service to establish and maintain reasonable
procedures to protect the confidentiality, security,
and integrity of personal information collected from
children; and
(E) permit the operator of such a website or online
service to collect, use, and disseminate such
information as is necessary–
(i) to protect the security or integrity of its website;
(ii) to take precautions against liability;
(iii) to respond to judicial process; and
(iv) to provide information to law
enforcement agencies or for an investigation on
a matter related to public safety.
(2) When consent not required.–Verifiable parental consent
under paragraph (1)(A)(ii) is not required in the case of–
(A) online contact information collected from a
child that is used only to respond directly on a one-
time basis to a specific request from the child and is
not used to recontact the child and is not maintained
in retrievable form by the operator;
(B) a request for the name or online contact
information of a parent or child that is used for the
sole purpose of obtaining parental consent or providing
notice under this section and where such information is
not maintained in retrievable form by the operator if
parental consent is not obtained after a reasonable
time;
(C) online contact information collected from a
child that is used only to respond more than once
directly to a specific request from the child and is
not used to recontact the child beyond the scope of
that request–
(i) if, before any additional response
after the initial response to the child, the
operator uses reasonable efforts to provide a
parent notice of the online contact information
collected from the child, the purposes for
which it is to be used, and an opportunity for
the parent to request that the operator make no
further use of the information and that it not
be maintained in retrievable form; or
(ii) without notice to the parent in such
circumstances as the Commission may determine
are appropriate, taking into consideration the
benefits to the child of access to information
and services, and risks to the security and
privacy of the child, in regulations
promulgated under this subsection; or
(D) the name of the child and online contact
information (to the extent necessary to protect the
safety of a child participant in the site)–
(i) used only for the purpose of protecting
such safety;
(ii) not used to recontact the child or for
any other purpose; and
(iii) not disclosed on the site,
if the operator uses reasonable efforts to provide a
parent notice of the name and online contact
information collected from the child, the purposes for
which it is to be used, and an opportunity for the
parent to request that the operator make no further use
of the information and that it not be maintained in
retrievable form.
(c) Enforcement.–Subject to sections 203 and 205, a violation of a
regulation prescribed under subsection (a) shall be treated as a
violation of a rule defining an unfair or deceptive act or practice
prescribed under section 18(a)(1)(B) of the Federal Trade Commission
Act (15 U.S.C. 57a(a)(1)(B)).
(d) Inconsistent State Law.–No State or local government may
impose any liability for commercial activities or actions by operators
in interstate or foreign commerce in connection with an activity or
action described in this title that is inconsistent with the treatment
of those activities or actions under this section.
SEC. 203. SAFE HARBORS.
(a) Guidelines.–An operator may satisfy the requirements of
regulations issued under section 202(b) by following a set of self-
regulatory guidelines, issued by representatives of the marketing or
online industries, or by other persons, approved under subsection (b).
(b) Incentives.–
(1) Self-regulatory incentives.–In prescribing regulations
under section 202, the Commission shall provide incentives for
self-regulation by operators to implement the protections
afforded children under the regulatory requirements described
in subsection (b) of that section.
(2) Deemed compliance.–Such incentives shall include
provisions for ensuring that a person will be deemed to be in
compliance with the requirements of the regulations under
section 202 if that person complies with guidelines that, after
notice and comment, are approved by the Commission upon making
a determination that the guidelines meet the requirements of
the regulations issued under section 202.
(3) Expedited response to requests.–The Commission shall
act upon requests for safe harbor treatment within 180 days of
the filing of the request, and shall set forth in writing its
conclusions with regard to such requests.
(c) Appeals.–Final action by the Commission on a request for
approval of guidelines, or the failure to act within 180 days on a
request for approval of guidelines, submitted under subsection (b) may
be appealed to a district court of the United States of appropriate
jurisdiction as provided for in section 706 of title 5, United States Code.
SEC. 204. ACTIONS BY STATES.
(a) In General.–
(1) Civil actions.–In any case in which the attorney
general of a State has reason to believe that an interest of
the residents of that State has been or is threatened or
adversely affected by the engagement of any person in a
practice that violates any regulation of the Commission
prescribed under section 202(b), the State, as parens patriae,
may bring a civil action on behalf of the residents of the
State in a district court of the United States of appropriate
jurisdiction to–
(A) enjoin that practice;
(B) enforce compliance with the regulation;
(C) obtain damage, restitution, or other
compensation on behalf of residents of the State; or
(D) obtain such other relief as the court may
consider to be appropriate.
(2) Notice.–
(A) In general.–Before filing an action under
paragraph (1), the attorney general of the State
involved shall provide to the Commission–
(i) written notice of that action; and
(ii) a copy of the complaint for that action.
(B) Exemption.–
(i) In general.–Subparagraph (A) shall not
apply with respect to the filing of an action
by an attorney general of a State under this
subsection, if the attorney general determines
that it is not feasible to provide the notice
described in that subparagraph before the
filing of the action.
(ii) Notification.–In an action described
in clause (i), the attorney general of a State
shall provide notice and a copy of the
complaint to the Commission at the same time as
the attorney general files the action.
(b) Intervention.–
(1) In general.–On receiving notice under subsection
(a)(2), the Commission shall have the right to intervene in the
action that is the subject of the notice.
(2) Effect of intervention.–If the Commission intervenes
in an action under subsection(a), it shall have the right–
(A) to be heard with respect to any matter that
arises in that action; and
(B) to file a petition for appeal.
(3) Amicus curiae.–Upon application to the court, a person
whose self-regulatory guidelines have been approved by the
Commission and are relied upon as a defense by any defendant to
a proceeding under this section may file amicus curiae in that
proceeding.
(c) Construction.–For purposes of bringing any civil action under
subsection (a), nothing in this title shall be construed to prevent an
attorney general of a State from exercising the powers conferred on the
attorney general by the laws of that State to–
(1) conduct investigations;
(2) administer oaths or affirmations; or
(3) compel the attendance of witnesses or the production of
documentary and other evidence.
(d) Actions by the Commission.–In any case in which an action is
instituted by or on behalf of the Commission for violation of any
regulation prescribed under section 202, no State may, during the
pendency of that action, institute an action under subsection (a)
against any defendant named in the complaint in that action for
violation of that regulation.
(e) Venue; Service of Process.–
(1) Venue.–Any action brought under subsection (a) may be
brought in the district court of the United States that meets
applicable requirements relating to venue under section 1391 of
title 28, United States Code.
(2) Service of process.–In an action brought under
subsection (a), process may be served in any district in which
the defendant–
(A) is an inhabitant; or
(B) may be found.
SEC. 205. ADMINISTRATION AND APPLICABILITY OF ACT.
(a) In General.–Except as otherwise provided, this title shall be
enforced by the Commission under the Federal Trade Commission Act (15 U.S.C. 41 et seq.).
(b) Provisions.–Compliance with the requirements imposed under
this title shall be enforced under–
(1) section 8 of the Federal Deposit Insurance Act (12
U.S.C. 1818), in the case of–
(A) national banks, and Federal branches and
Federal agencies of foreign banks, by the Office of the
Comptroller of the Currency;
(B) member banks of the Federal Reserve System
(other than national banks), branches and agencies of
foreign banks (other than Federal branches, Federal
agencies, and insured State branches of foreign banks),
commercial lending companies owned or controlled by
foreign banks, and organizations operating under
section 25 or 25(a) of the Federal Reserve Act (12
U.S.C. 601 et seq. and 611 et. seq.), by the Board; and
(C) banks insured by the Federal Deposit Insurance
Corporation (other than members of the Federal Reserve
System) and insured State branches of foreign banks, by
the Board of Directors of the Federal Deposit Insurance
Corporation;
(2) section 8 of the Federal Deposit Insurance Act (12
U.S.C. 1818), by the Director of the Office of Thrift
Supervision, in the case of a savings association the deposits
of which are insured by the Federal Deposit Insurance
Corporation;
(3) the Federal Credit Union Act (12 U.S.C. 1751 et seq.)
by the National Credit Union Administration Board with respect
to any Federal credit union;
(4) part A of subtitle VII of title 49, United States Code,
by the Secretary of Transportation with respect to any air
carrier or foreign air carrier subject to that part;
(5) the Packers and Stockyards Act, 1921 (7 U.S.C. 181 et.
seq.) (except as provided in section 406 of that Act (7 U.S.C.
226, 227)), by the Secretary of Agriculture with respect to any
activities subject to that Act; and
(6) the Farm Credit Act of 1971 (12 U.S.C. (2001 et seq.)
by the Farm Credit Administration with respect to any Federal
land bank, Federal land bank association, Federal intermediate
credit bank, or production credit association.
(c) Exercise of Certain Powers.–For the purpose of the exercise by
any agency referred to in subsection (a) of its powers under any Act
referred to in that subsection, a violation of any requirement imposed
under this title shall be deemed to be a violation of a requirement
imposed under that Act. In addition to its powers under any provision
of law specifically referred to in subsection (a), each of the agencies
referred to in that subsection may exercise, for the purpose of
enforcing compliance with any requirement imposed under this title, any
other authority conferred on it by law.
(d) Actions by the Commission.–The Commission shall prevent any
person from violating a rule of the Commission under section 202 in the
same manner, by the same means, and with the same jurisdiction, powers,
and duties as though all applicable terms and provisions of the Federal
Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and
made a part of this title. Any entity that violates such rule shall be
subject to the penalties and entitled to the privileges and immunities
provided in the Federal Trade Commission Act in the same manner, by the
same means, and with the same jurisdiction, power, and duties as though
all applicable terms and provisions of the Federal Trade Commission Act
were incorporated into and made a part of this title.
(e) Effect on Other Laws.–Nothing contained in this title shall be
construed to limit the authority of the Commission under any other provisions of law.
SEC. 206. REVIEW.
Not later than 5 years after the effective date of the regulations
initially issued under section 202, the Commission shall–
(1) review the implementation of this title, including the
effect of the implementation of this title on practices
relating to the collection and disclosure of information
relating to children, children’s ability to obtain access to
information of their choice online, and on the availability of
websites directed to children; and
(2) prepare and submit to Congress a report on the results of the review under paragraph (1).
SEC. 207. EFFECTIVE DATE.
Sections 202(a), 204, and 205 of this title take effect on the later of–
(1) the date that is 18 months after the date of enactment of this Act; or
(2) the date on which the Commission rules on the first
application for safe harbor treatment under section 203 if the
Commission does not rule on the first such application within
one year after the date of enactment of this Act, but in no
case later than the date that is 30 months after the date of enactment of this Act.
Passed the House of Representatives October 7, 1998.
Attest:
Clerk.
