,i #aacth ,,congress #ast ,session ,h4 ,r4 #cdha ,,in ,,the ,,house ,,of ,,representatives ,november #ad1 #bjac,mr4 ,barton 7for himself1 ,mr4 ,rush1 ,mr4 ,cassidy1 ,mr4 ,farenthold1 ,mr4 ,cohen1 ,ms4 ,de,lauro1 ,mr4 ,ellison1 ,ms4 ,norton1 ,ms4 ,schakowsky1 ,mr4 ,tierney1 and ,ms4 ,tsongas7 introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce ,a ,,bill ,to amend the ,children's ,online ,privacy ,protection ,act of #aiih to extend1 enhance1 and revise the provisions relating to collection1 use1 and disclosure of personal information of children1 to establish certain other protections for personal information of children and minors1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,do ,not ,track ,kids ,act of #bjac4 #b4 ,findings ,congress finds the following3 7#a7 ,since the enactment of the ,children's ,online ,privacy ,protection ,act of #aiih1 the ,world ,wide ,web has changed dramatically1 with the creation of tens of millions of websites1 the proliferation of entirely new media platforms1 and the emergence of a diverse ecosystem of services1 devices1 and applications that enable users to connect wirelessly within an online environment without being tethered to a desktop computer4 7#b7 ,the explosive growth of the ,internet ecosystem has unleashed a wide array of opportunities to learn1 communicate1 participate in civic life1 access entertainment1 and engage in commerce4 7#c7 ,in addition to these significant benefits1 the ,internet also presents challenges1 particularly with respect to the efforts of entities to track the online activities of children and minors and to collect1 use1 and disclose personal information about them1 including their geolocation1 for commercial purposes4 7#d7 ,children and teens are visiting numerous companies' websites1 and marketers are using multimedia games1 online quizzes1 and mobile phone and tablet applications to create ties to children and teens4 7#e7 ,according to a study by the ,wall ,street ,journal in #bjaj1 websites directed to children and teens were more likely to use cookies and other tracking tools than sites directed to a general audience4 7#f7 ,this study examined #ej popular websites for children and teens in the ,united ,states and found that these #ej sites placed #d1abc cookies1 beacons1 and other tracking tools on the test computer used for the study4 7#g7 ,this is #cj percent greater than the number of such tracking tools that were placed on the test computer in a similar study of the #ej overall most popular websites in the ,united ,states1 which are generally directed to adults4 7#h7 ,children and teens lack the cognitive ability to distinguish advertising from program content and to understand that the purpose of advertising is to persuade them1 making them unable to activate the defenses on which adults rely4 7#i7 ,children and teens are less able than adults to understand the potential long-term consequences of having their information available to third parties1 including advertisers1 and other individuals4 7#aj7 ,according to ,common ,sense ,media and the ,center for ,digital ,democracy1 #ij percent of teens have used some form of social media1 #ge percent have a social networking site1 and #ea percent check their social networking site at least once a day4 7#aa7 ,ninety-one percent of parents and #ia percent of adults believe it is not okay for advertisers to collect information about a child's location from that child's mobile phone4 7#ab7 ,ninety-four percent of parents and #ia percent of adults agree that advertisers should receive the parent's permission before putting tracking software on a child's computer4 7#ac7 ,ninety-six percent of parents and #id percent of adults expressed disapproval when asked if it is okay for a website to ask children for personal information about their friends4 7#ad7 ,eighty-eight percent of parents would support a law that requires search engines and social networking sites to get users' permission before using their personal information4 7#ae7 ,a ,commonsense ,media_/,zogby poll found that #id percent of parents and #id percent of adults believe individuals should have the ability to request the deletion1 after a specific period of time1 of all of their personal information held by an online search engine1 social networking site1 or marketing company4 7#af7 ,according to a ,pew_/,berkman ,center poll1 #fi percent of parents of teens who engage in online activity are concerned about how such activity might affect their children's future academic or employment opportunities4 7#ag7 ,eighty-one percent of parents of teens who engage in online activity say they are concerned about how much information advertisers can learn about their children's online activity4 #c4 ,online collection1 use1 and disclosure of personal information of children 7a7 ,definitions ,section #acjb of the ,children's ,online ,privacy ,protection ,act of #aiih 7#ae ,u4,s4,c4 #feja7 is amended-- 7#a7 by amending paragraph 7#b7 to read as follows3 7#b7 ,operator ,the term operator-- 7,a7 means any person who1 for commercial purposes1 in interstate or foreign commerce1 operates or provides a website on the ,internet1 online service1 online application1 or mobile application1 and who-- 7i7 collects or maintains1 either directly or through a service provider1 personal information from or about the users of such website1 service1 or application2 7ii7 allows another person to collect personal information directly from users of such website1 service1 or application 7in which case the operator is deemed to have collected the information72 or 7iii7 allows users of such website1 service1 or application to publicly disclose personal information 7in which case the operator is deemed to have collected the information72 and 7,b7 does not include any nonprofit entity that would otherwise be exempt from coverage under section #e of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #de74 2 7#b7 in paragraph 7#d7-- 7,a7 by amending subparagraph 7,a7 to read as follows3 7,a7 the release of personal information for any purpose1 except where such information is provided to a person other than an operator who provides support for the internal operations of the website1 online service1 online application1 or mobile application of the operator and does not disclose or use that information for any other purpose2 and 2 and 7,b7 in subparagraph 7,b71 by striking website or online service and inserting website1 online service1 online application1 or mobile application2 7#c7 in paragraph 7#h7-- 7,a7 by amending subparagraph 7,g7 to read as follows3 7,g7 information concerning a child or the parents of that child 7including any unique or substantially unique identifier1 such as a customer number7 that an operator collects online from the child and combines with an identifier described in subparagraphs 7,a7 through 7,g74 2 7,b7 by redesignating subparagraphs 7,f7 and 7,g7 as subparagraphs 7,g7 and 7,h71 respectively2 and 7,c7 by inserting after subparagraph 7,e7 the following new subparagraph3 7,f7 information 7including an ,internet protocol address7 that permits the identification of an individual1 the computer of an individual1 or any other device used by an individual to access the ,internet or an online service1 online application1 or mobile application2 2 7#d7 by striking paragraph 7#aj7 and redesignating paragraphs 7#aa7 and 7#ab7 as paragraphs 7#aj7 and 7#aa71 respectively2 and 7#e7 by adding at the end the following new paragraph3 7#ab7 ,online1 online service1 online application1 mobile application1 directed to children ,the terms online1 online service1 online application1 mobile application1 and directed to children shall have the meanings given them by the ,commission by regulation4 ,not later than #a year after the date of the enactment of the ,do ,not ,track ,kids ,act of #bjac1 the ,commission shall promulgate1 under section #eec of title #e1 ,united ,states ,code1 regulations that define such terms broadly enough so that they are not limited to current technology1 consistent with the principles articulated by the ,commission regarding the definition of the term ,internet in its statement of basis and purpose on the final rule under this title promulgated on ,november #c1 #aiii 7#fd ,fed4 ,reg4 #eihia74 ,the definition of the term online service in such regulations shall include broadband ,internet access service 7as defined in the ,report and ,order of the ,federal ,communications ,commission relating to the matter of preserving the open ,internet and broadband industry practices 7,,fcc #aj-bja1 adopted by the ,commission on ,december #ba1 #bjaj774 4 7b7 ,online collection1 use1 and disclosure of personal information of children ,section #acjc of the ,children's ,online ,privacy ,protection ,act of #aiih 7#ae ,u4,s4,c4 #fejb7 is amended-- 7#a7 by striking the heading and inserting the following3 ,online collection1 use1 and disclosure of personal information of children42 7#b7 in subsection 7a7-- 7,a7 by amending paragraph 7#a7 to read as follows3 7#a7 ,in general ,it is unlawful for an operator of a website1 online service1 online application1 or mobile application directed to children1 or an operator having actual knowledge that personal information being collected is from a child1 to collect personal information from a child in a manner that violates the regulations prescribed under subsection 7b74 2 and 7,b7 in paragraph 7#b7-- 7i7 by striking of such a website or online service2 and 7ii7 by striking subsection 7b77#a77;,b77iii7 and inserting subsection 7b77#a77;,c77iii72 and 7#c7 in subsection 7b7-- 7,a7 by amending paragraph 7#a7 to read as follows3 7#a7 ,in general ,not later than #a year after the date of the enactment of the ,do ,not ,track ,kids ,act of #bjac1 the ,commission shall promulgate1 under section #eec of title #e1 ,united ,states ,code1 regulations to require an operator of a website1 online service1 online application1 or mobile application directed to children1 or an operator having actual knowledge that personal information being collected is from a child-- 7,a7 to provide clear and conspicuous notice in clear and plain language of the types of personal information the operator collects1 how the operator uses such information1 whether the operator discloses such information1 and the procedures or mechanisms the operator uses to ensure that personal information is not collected from children except in accordance with the regulations promulgated under this paragraph2 7,b7 to obtain verifiable parental consent for the collection1 use1 or disclosure of personal information of a child2 7,c7 to provide to a parent whose child has provided personal information to the operator1 upon request by and proper identification of the parent-- 7i7 a description of the specific types of personal information collected from the child by the operator2 7ii7 the opportunity at any time to refuse to permit the further use or maintenance in retrievable form1 or future collection1 by the operator of personal information collected from the child2 and 7iii7 a means that is reasonable under the circumstances for the parent to obtain any personal information collected from the child1 if such information is available to the operator at the time the parent makes the request2 7,d7 not to condition participation in a game1 or use of a website1 service1 or application1 by a child on the provision by the child of more personal information than is reasonably required to participate in the game or use the website1 service1 or application2 and 7,e7 to establish and maintain reasonable procedures to protect the confidentiality1 security1 and integrity of personal information collected from children4 2 7,b7 in paragraph 7#b7-- 7i7 in the matter preceding subparagraph 7,a71 by striking paragraph 7#a77;,a77ii7 and inserting paragraph 7#a77;,b72 and 7ii7 in subparagraph 7,a71 by inserting or to contact a different child after to recontact the child2 7,c7 by amending paragraph 7#c7 to read as follows3 7#c7 ,continuation of service ,the regulations shall prohibit an operator from discontinuing service provided to a child on the basis of refusal by the parent of the child1 under the regulations prescribed under paragraph 7#a77;,c77ii71 to permit the further use or maintenance in retrievable form1 or future collection1 by the operator of personal information collected from the child1 to the extent that the operator is capable of providing such service without such information4 2 and 7,d7 by adding at the end the following3 7#d7 ,rule for treatment of users of websites1 services1 and applications directed to children ,an operator of a website1 online service1 online application1 or mobile application that is directed to children shall treat all users of such website1 service1 or application as children for purposes of this title1 except as permitted by the ,commission by a regulation promulgated under this title4 4 7c7 ,administration and applicability of ,act ,section #acjf of the ,children's ,online ,privacy ,protection ,act of #aiih 7#ae ,u4,s4,c4 #feje7 is amended-- 7#a7 in subsection 7b7-- 7,a7 in paragraph 7#a71 by striking 1 in the case of and all that follows and inserting the following3 by the appropriate ,federal banking agency with respect to any insured depository institution 7as such terms are defined in section #c of such ,act 7#ab ,u4,s4,c4 #ahac7722 and 7,b7 by striking paragraph 7#b7 and redesignating paragraphs 7#c7 through 7#f7 as paragraphs 7#b7 through 7#e71 respectively2 and 7#b7 by adding at the end the following new subsection3 7f7 ,telecommunications carriers and cable operators 7#a7 ,enforcement by ,,ftc ,notwithstanding section #e7;a77#b7 of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #de7;a77#b771 compliance with the requirements imposed under this title shall be enforced by the ,commission with respect to any telecommunications carrier 7as defined in section #c of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #aec774 7#b7 ,relationship to other law ,to the extent that sections #bbb1 #cch7;i71 and #fca of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bbb2 #cch7;i72 #eea7 are inconsistent with this title1 this title controls4 4 #d4 ,targeted marketing to children or minors 7a7 ,acts prohibited ,it is unlawful for-- 7#a7 an operator of a website1 online service1 online application1 or mobile application directed to children1 or an operator having actual knowledge that personal information being collected is from a child1 to use1 disclose to third parties1 or compile personal information for targeted marketing purposes without verifiable parental consent2 or 7#b7 an operator of a website1 online service1 online application1 or mobile application directed to minors1 or an operator having actual knowledge that personal information being collected is from a minor1 to use1 disclose to third parties1 or compile personal information for targeted marketing purposes without the consent of the minor4 7b7 ,regulations ,not later than #a year after the date of the enactment of this ,act1 the ,commission shall promulgate1 under section #eec of title #e1 ,united ,states ,code1 regulations to implement this section4 #e4 ,digital ,marketing ,bill of ,rights for ,teens and ,fair ,information ,practices ,principles 7a7 ,acts prohibited ,it is unlawful for an operator of a website1 online service1 online application1 or mobile application directed to minors1 or an operator having actual knowledge that personal information being collected is from a minor1 to collect personal information from a minor unless such operator has adopted and complies with a ,digital ,marketing ,bill of ,rights for ,teens that is consistent with the ,fair ,information ,practices ,principles described in subsection 7b74 7b7 ,fair ,information ,practices ,principles ,the ,fair ,information ,practices ,principles described in this subsection are the following3 7#a7 ,collection limitation principle ,except as provided in paragraph 7#c71 personal information should be collected from a minor only when collection of the personal information is-- 7,a7 consistent with the context of a particular transaction or service or the relationship of the minor with the operator1 including collection necessary to fulfill a transaction or provide a service requested by the minor2 or 7,b7 required or specifically authorized by law4 7#b7 ,data quality principle ,the personal information of a minor should be accurate1 complete1 and kept up-to-date to the extent necessary to fulfill the purposes described in subparagraphs 7,a7 through 7,d7 of paragraph 7#c74 7#c7 ,purpose specification principle ,the purposes for which personal information is collected should be specified to the minor not later than at the time of the collection of the information4 ,the subsequent use or disclosure of the information should be limited to-- 7,a7 fulfillment of the transaction or service requested by the minor2 7,b7 support for the internal operations of the website1 service1 or application1 as described in section #cab4b of title #af1 ,code of ,federal ,regulations2 7,c7 compliance with legal process or other purposes expressly authorized under specific legal authority2 or 7,d7 other purposes-- 7i7 that are specified in a notice to the minor2 and 7ii7 to which the minor has consented under paragraph 7#g7 before the information is used or disclosed for such other purposes4 7#d7 ,retention limitation principle ,the personal information of a minor should not be retained for longer than is necessary to fulfill a transaction or provide a service requested by the minor or such other purposes specified in subparagraphs 7,a7 through 7,d7 of paragraph 7#c74 ,the operator should implement a reasonable and appropriate data disposal policy based on the nature and sensitivity of such personal information4 7#e7 ,security safeguards principle ,the personal information of a minor should be protected by reasonable and appropriate security safeguards against risks such as loss or unauthorized access1 destruction1 use1 modification1 or disclosure4 7#f7 ,openness principle 7,a7 ,in general ,the operator should maintain a general policy of openness about developments1 practices1 and policies with respect to the personal information of a minor4 ,the operator should provide each minor using the website1 online service1 online application1 or mobile application of the operator with a clear and prominent means to do the following3 7i7 ,identify and contact the operator4 ,at minimum1 the operator should disclose1 clearly and prominently1 the identity of the operator and-- 7,i7 in the case of an operator who is an individual1 the address of the principal residence of the operator and an email address and telephone number for the operator2 or 7,,ii7 in the case of any other operator1 the address of the principal place of business of the operator and an email address and telephone number for the operator4 7ii7 ,determine whether the operator possesses any personal information of the minor1 the nature of any such information1 and the purposes for which the information was collected and is being retained4 7iii7 ,obtain any personal information of the minor that is in the possession of the operator from the operator1 or from a person specified by the operator1 within a reasonable time after making a request1 at a charge 7if any7 that is not excessive1 in a reasonable manner1 and in a form that is readily intelligible to the minor4 7iv7 ,challenge the accuracy of personal information of the minor that is in the possession of the operator4 7v7 ,if the minor establishes the inaccuracy of personal information in a challenge under clause 7iv71 have such information erased1 corrected1 completed1 or otherwise amended4 7,b7 ,limitation ,nothing in this paragraph shall be construed to permit an operator to erase or otherwise modify personal information requested by a law enforcement agency pursuant to legal authority4 7#g7 ,individual participation principle ,the operator should-- 7,a7 obtain consent from a minor before using or disclosing the personal information of the minor for any purpose other than those described in subparagraphs 7,a7 through 7,c7 of paragraph 7#c72 and 7,b7 obtain affirmative express consent from a minor before using or disclosing previously collected personal information of the minor for purposes that constitute a material change in practice from the original purposes specified to the minor under paragraph 7#c74 7c7 ,regulations ,not later than #a year after the date of the enactment of this ,act1 the ,commission shall promulgate1 under section #eec of title #e1 ,united ,states ,code1 regulations to implement this section1 including regulations further defining the ,fair ,information ,practices ,principles described in subsection 7b74 #f4 ,online collection of geolocation information of children and minors 7a7 ,acts prohibited 7#a7 ,in general ,it is unlawful for an operator of a website1 online service1 online application1 or mobile application directed to children or minors1 or an operator having actual knowledge that geolocation information being collected is from a child or minor1 to collect geolocation information from a child or minor in a manner that violates the regulations prescribed under subsection 7b74 7#b7 ,disclosure to parent or minor protected ,notwithstanding paragraph 7#a71 neither an operator 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 geolocation information under subparagraph 7,c77ii77,,iii7 or 7,d77ii77,,iii7 of subsection 7b77#a74 7b7 ,regulations 7#a7 ,in general ,not later than #a year after the date of the enactment of this ,act1 the ,commission shall promulgate1 under section #eec of title #e1 ,united ,states ,code1 regulations that require an operator of a website1 online service1 online application1 or mobile application directed to children or minors1 or an operator having actual knowledge that geolocation information being collected is from a child or minor-- 7,a7 to provide clear and conspicuous notice in clear and plain language of any geolocation information the operator collects1 how the operator uses such information1 and whether the operator discloses such information2 7,b7 to establish procedures or mechanisms to ensure that geolocation information is not collected from children or minors except in accordance with regulations promulgated under this paragraph2 7,c7 in the case of collection of geolocation information from a child-- 7i7 prior to collecting such information1 to obtain verifiable parental consent2 and 7ii7 after collecting such information1 to provide to the parent of the child1 upon request by and proper identification of the parent-- 7,i7 a description of the geolocation information collected from the child by the operator2 7,,ii7 the opportunity at any time to refuse to permit the further use or maintenance in retrievable form1 or future collection1 by the operator of geolocation information from the child2 and 7,,iii7 a means that is reasonable under the circumstances for the parent to obtain any geolocation information collected from the child1 if such information is available to the operator at the time the parent makes the request2 and 7,d7 in the case of collection of geolocation information from a minor-- 7i7 prior to collecting such information1 to obtain affirmative express consent from such minor2 and 7ii7 after collecting such information1 to provide to the minor1 upon request-- 7,i7 a description of the geolocation information collected from the minor by the operator2 7,,ii7 the opportunity at any time to refuse to permit the further use or maintenance in retrievable form1 or future collection1 by the operator of geolocation information from the minor2 and 7,,iii7 a means that is reasonable under the circumstances for the minor to obtain any geolocation information collected from the minor1 if such information is available to the operator at the time the minor makes the request4 7#b7 ,when consent not required ,the regulations promulgated under paragraph 7#a7 shall provide that verifiable parental consent under subparagraph 7,c77i7 of such paragraph or affirmative express consent under subparagraph 7,d77i7 of such paragraph is not required when the collection of the geolocation information of a child or minor is necessary1 to the extent permitted under other provisions of law1 to provide information to law enforcement agencies or for an investigation on a matter related to public safety4 7#c7 ,continuation of service ,the regulations promulgated under paragraph 7#a7 shall prohibit an operator from discontinuing service provided to-- 7,a7 a child on the basis of refusal by the parent of the child1 under subparagraph 7,c77ii77,,ii7 of such paragraph1 to permit the further use or maintenance in retrievable form1 or future online collection1 of geolocation information from the child by the operator1 to the extent that the operator is capable of providing such service without such information2 or 7,b7 a minor on the basis of refusal by the minor1 under subparagraph 7,d77ii77,,ii7 of such paragraph1 to permit the further use or maintenance in retrievable form1 or future online collection1 of geolocation information from the minor by the operator1 to the extent that the operator is capable of providing such service without such information4 7c7 ,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 section that is inconsistent with the treatment of those activities or actions under this section4 #g4 ,removal of content 7a7 ,acts prohibited ,it is unlawful for an operator of a website1 online service1 online application1 or mobile application to make publicly available through the website1 service1 or application content or information that contains or displays personal information of children or minors in a manner that violates the regulations prescribed under subsection 7b74 7b7 ,regulations 7#a7 ,in general ,not later than #a year after the date of the enactment of this ,act1 the ,commission shall promulgate1 under section #eec of title #e1 ,united ,states ,code1 regulations that require an operator-- 7,a7 to the extent technologically feasible1 to implement mechanisms that permit a user of the website1 service1 or application of the operator to erase or otherwise eliminate content or information submitted to the website1 service1 or application by such user that is publicly available through the website1 service1 or application and contains or displays personal information of children or minors2 and 7,b7 to take appropriate steps to make users aware of such mechanisms and to provide notice to users that such mechanisms do not necessarily provide comprehensive removal of the content or information submitted by such users4 7#b7 ,exception ,the regulations promulgated under paragraph 7#a7 may not require an operator or third party to erase or otherwise eliminate content or information that-- 7,a7 any other provision of ,federal or ,state law requires the operator or third party to maintain2 or 7,b7 was submitted to the website1 service1 or application of the operator by any person other than the user who is attempting to erase or otherwise eliminate such content or information1 including content or information submitted by such user that was republished or resubmitted by another person4 7#c7 ,limitation ,nothing in this section shall 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 jurisdiction4 #h4 ,enforcement and applicability 7a7 ,enforcement by the ,commission 7#a7 ,in general ,except as otherwise provided1 this ,act and the regulations prescribed under this ,act shall be enforced by the ,commission under the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #da et seq474 7#b7 ,unfair or deceptive acts or practices ,subject to subsection 7b71 a violation of this ,act or a regulation prescribed under this ,act shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section #ah7;a77#a77;,b7 of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #eg;a7a77#a77;,b774 7#c7 ,actions by the ,commission ,subject to subsection 7b71 and except as provided in subsection 7d77#a71 the ,commission shall prevent any person from violating this ,act or a regulation prescribed under this ,act in the same manner1 by the same means1 and with the same jurisdiction1 powers1 and duties as though all applicable terms and provisions of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #da et seq47 were incorporated into and made a part of this ,act1 and any person who violates this ,act or such regulation shall be subject to the penalties and entitled to the privileges and immunities provided in the ,federal ,trade ,commission ,act4 7b7 ,enforcement by certain other agencies ,notwithstanding subsection 7a71 compliance with the requirements imposed under this ,act shall be enforced as follows3 7#a7 ,under section #h of the ,federal ,deposit ,insurance ,act 7#ab ,u4,s4,c4 #ahah7 by the appropriate ,federal banking agency1 with respect to an insured depository institution 7as such terms are defined in section #c of such ,act 7#ab ,u4,s4,c4 #ahac774 7#b7 ,under the ,federal ,credit ,union ,act 7#ab ,u4,s4,c4 #agea et seq47 by the ,national ,credit ,union ,administration ,board1 with respect to any ,federal credit union4 7#c7 ,under part ,a of subtitle ,,vii of title #di1 ,united ,states ,code1 by the ,secretary of ,transportation1 with respect to any air carrier or foreign air carrier subject to such part4 7#d7 ,under the ,packers and ,stockyards ,act1 #aiba 7#g ,u4,s4,c4 #aha et seq47 7except as provided in section #djf of such ,act 7#g ,u4,s4,c4 #bbf2 #bbg77 by the ,secretary of ,agriculture1 with respect to any activities subject to such ,act4 7#e7 ,under the ,farm ,credit ,act of #aiga 7#ab ,u4,s4,c4 #bjja et seq47 by the ,farm ,credit ,administration1 with respect to any ,federal land bank1 ,federal land bank association1 ,federal intermediate credit bank1 or production credit association4 7c7 ,enforcement by ,state attorneys general 7#a7 ,in ,general 7,a7 ,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 this ,act or a regulation prescribed under this ,act1 the ,state1 as parens patriae1 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-- 7i7 enjoin that practice2 7ii7 enforce compliance with this ,act or such regulation2 7iii7 obtain damages1 restitution1 or other compensation on behalf of residents of the ,state2 or 7iv7 obtain such other relief as the court may consider to be appropriate4 7,b7 ,notice 7i7 ,in general ,before filing an action under subparagraph 7,a71 the attorney general of the ,state involved shall provide to the ,commission-- 7,i7 written notice of that action2 and 7,,ii7 a copy of the complaint for that action4 7ii7 ,exemption 7,i7 ,in general ,clause 7i7 shall not apply with respect to the filing of an action by an attorney general of a ,state under this paragraph1 if the attorney general determines that it is not feasible to provide the notice described in that clause before the filing of the action4 7,,ii7 ,notification ,in an action described in subclause 7,i71 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 action4 7#b7 ,intervention 7,a7 ,in general ,on receiving notice under paragraph 7#a77;,b71 the ,commission shall have the right to intervene in the action that is the subject of the notice4 7,b7 ,effect of intervention ,if the ,commission intervenes in an action under paragraph 7#a71 it shall have the right-- 7i7 to be heard with respect to any matter that arises in that action2 and 7ii7 to file a petition for appeal4 7#c7 ,construction ,for purposes of bringing any civil action under paragraph 7#a71 nothing in this ,act 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-- 7,a7 conduct investigations2 7,b7 administer oaths or affirmations2 or 7,c7 compel the attendance of witnesses or the production of documentary and other evidence4 7#d7 ,actions by the ,commission ,in any case in which an action is instituted by or on behalf of the ,commission for violation of this ,act or a regulation prescribed under this ,act1 no ,state may1 during the pendency of that action1 institute an action under paragraph 7#a7 against any defendant named in the complaint in the action instituted by or on behalf of the ,commission for that violation4 7#e7 ,venue2 ,service of ,process 7,a7 ,venue ,any action brought under paragraph 7#a7 may be brought in the district court of the ,united ,states that meets applicable requirements relating to venue under section #acia of title #bh1 ,united ,states ,code4 7,b7 ,service of process ,in an action brought under paragraph 7#a71 process may be served in any district in which the defendant-- 7i7 is an inhabitant2 or 7ii7 may be found4 7d7 ,telecommunications carriers and cable operators 7#a7 ,enforcement by ,,ftc ,notwithstanding section #e7;a77#b7 of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #de7;a77#b771 compliance with the requirements imposed under this ,act shall be enforced by the ,commission with respect to any telecommunications carrier 7as defined in section #c of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #aec774 7#b7 ,relationship to other law ,to the extent that sections #bbb1 #cch7;i71 and #fca of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bbb2 #cch7;i72 #eea7 are inconsistent with this ,act1 this ,act controls4 #i4 ,rule for treatment of users of websites1 services1 and applications directed to children or minors ,an operator of a website1 online service1 online application1 or mobile application that is directed to children or minors shall treat all users of such website1 service1 or application as children or minors 7as the case may be7 for purposes of this ,act1 except as permitted by the ,commission by a regulation promulgated under this ,act4 #aj4 ,definitions 7a7 ,in general ,in this ,act3 7#a7 ,minor ,the term minor means an individual over the age of #ab and under the age of #af4 7#b7 ,targeted marketing ,the term targeted marketing means advertising or other efforts to market a product or service that are directed to a specific individual or device-- 7,a7 based on the personal information of the individual or a unique identifier of the device2 and 7,b7 as a result of use by the individual1 or access by the device1 of a website1 online service1 online application1 or mobile application4 7b7 ,terms defined by ,commission ,in this ,act1 the terms directed to minors and geolocation information shall have the meanings given such terms by the ,commission by regulation4 ,not later than #a year after the date of the enactment of this ,act1 the ,commission shall promulgate1 under section #eec of title #e1 ,united ,states ,code1 regulations that define such terms broadly enough so that they are not limited to current technology1 consistent with the principles articulated by the ,commission regarding the definition of the term ,internet in its statement of basis and purpose on the final rule under the ,children's ,online ,privacy ,protection ,act of #aiih 7#ae ,u4,s4,c4 #feja et seq47 promulgated on ,november #c1 #aiii 7#fd ,fed4 ,reg4 #eihia74 7c7 ,other definitions ,the definitions set forth in section #acjb of the ,children's ,online ,privacy ,protection ,act of #aiih 7#ae ,u4,s4,c4 #feja71 as amended by section #c7;a71 shall apply in this ,act1 except to the extent the ,commission provides otherwise by regulations issued under section #eec of title #e1 ,united ,states ,code4 #aa4 ,effective dates 7a7 ,in general ,except as provided in subsections 7b7 and 7c71 this ,act and the amendments made by this ,act shall take effect on the date that is #a year after the date of the enactment of this ,act4 7b7 ,authority ,to promulgate regulations ,the following shall take effect on the date of the enactment of this ,act3 7#a7 ,the amendments made by subsections 7a77#e7 and 7b77#c77;,a7 of section #c4 7#b7 ,sections #d7;b71 #e7;c71 #f7;b71 and #g7;b74 7#c7 ,subsections 7b7 and 7c7 of section #aj4 7c7 ,digital ,marketing ,bill of ,rights for ,teens ,section #e1 except for subsection 7c7 of such section1 shall take effect on the date that is #ahj days after the promulgation of regulations under such subsection4