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 using, disclosing, or compiling, or knowingly allowing a 3rd party to use, disclose, or compile, the personal information of a minor for the purpose of marketing or advertising specified types of products or services. The bill would also make this prohibition applicable to an advertising service that is notified by an operator of an Internet Web site, online service, online application, or mobile application that the site, service, or application is directed to a minor.
The bill would, on and after January 1, 2015, require the operator of an Internet Web site, online service, online application, or mobile application to permit a minor, who is a
			 registered user of the operator’s Internet Web site, online service, online application, or mobile application, to remove, or to request and obtain removal of, content or informationbegin delete publiclyend delete posted on the operator’s Internet Web site, service, or application by the minor, unless the content or information wasbegin delete publiclyend delete 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:
Chapter 22.1 (commencing with Section 22580) 
2is added to Division 8 of the Business and Professions Code, to 
3read:
4
(a) An operator of an Internet Web site, online service, 
9online application, or mobile application directed to minors or the 
10operator of an Internet Web site, online service, online application, 
11or mobile application that has actual knowledge that a minor is 
12using its Internet Web site, online service, online application, or 
13mobile application shall not do any of the following:
14(1) Market or advertise a product or service on the Internet Web 
15site, online service, online application, or mobile application 
16directed to minors, or to a minor who the operator has actual 
P3    1knowledge is using its Internet Web site, online service, online 
2application, or mobile application if
						  the marketing or advertising 
3is for a product described in subdivision (g).
4(2) Use, disclose, compile, or knowingly allow a third party to 
5use, disclose, or compile, the personal information of a minor for 
6the purpose of marketing or advertising products or services if the 
7marketing or advertising is for a product described in subdivision 
8(g).
9(b) “Minor” means a natural person under 18 years of age who 
10resides in the state.
11(c) “Internet Web site, online service, online application, or 
12mobile application directed to minors” mean an Internet Web site, 
13online service, online application, or mobile application, or a 
14portion thereof, that is created for the purpose of reaching an 
15audience
						  that is primarily comprised of minors. Provided, however, 
16that an Internet Web site, online service, online application, or 
17mobile application, or a portion thereof, shall not be deemed to be 
18directed at minors solely because it refers or links to an Internet 
19Web site, online service, online application, or mobile application 
20directed to minors by using information location tools, including 
21a directory, index, reference, pointer, or hypertext link.
22(d) “Operator” means any person or entity that owns an Internet 
23Web site, online service, online application, or mobile application. 
24It does not include any third party that operates, hosts, or manages, 
25but does not own, an Internet Web site, online service, online 
26application, or mobile application on the owner’s behalf or 
27processes information on the owner’s behalf.
28(e) This section shall not be construed to require an operator of 
29an Internet Web site, online service, online application, or mobile 
30application to collect or retain age information about users.
31(f) (1) With respect to marketing or advertising provided by an 
32advertising service, the operator of an Internet Web site, online 
33service, online application, or mobile application directed to minors 
34shall be deemed to be in compliance with subdivision (a) if the 
35operatorbegin delete informsend deletebegin insert notifiesend insert the advertising service, in the manner 
36required by the advertising service, that the site, service, or 
37application is directed
						  to minors.
38(2) If an advertising service is notified, in the manner required 
39by the advertising service, that an Internet Web site, online service, 
40online application, or mobile application is directed to minors 
P4    1pursuant to paragraph (1), the advertising service shall not market 
2or advertise a product or service on the operator’s Internet Web 
3site, online service, online application, or mobile application that 
4state or federal law expressly prohibits a minor from purchasing.
5(g) The marketing and advertising restrictions described in 
6subdivision (a) shall apply to the following products and services 
7as they are defined under state law:
8(1) Alcoholic beveragesbegin insert,
						  as referenced in Sections 23003 to 
923009, inclusive, and Section 25658end insert.
10(2) Firearms or handgunsbegin insert, as referenced in Sections 16520, 
1116640, and 27505 of the Penal Codeend insert.
12(3) Ammunition or reloaded ammunitionbegin insert, as referenced in 
13Sections 16150 and 30300 of the Penal Codeend insert.
14(4) Handgun safety certificatesbegin insert, as referenced in Sections 31625 
15and 31655 of the Penal Codeend insert.
16(5) Aerosol container
						  of paint that is capable of defacing 
17propertybegin insert, as referenced in Section 594.1 of the Penal Codeend insert.
18(6) Etching cream that is capable of defacing propertybegin insert, as 
19referenced in Section 594.1 of the Penal Codeend insert.
20(7) Any tobacco, cigarette, or cigarette papers, or blunts wraps, 
21or any other preparation of tobacco, or any other instrument or 
22paraphernalia that is designed for the smoking or ingestion of 
23tobacco, products prepared from tobacco, or any controlled 
24substancebegin insert, as referenced in Division 8.5 (commencing with Section 
2522950) and
						  Sections 308, 308.1, 308.2, 308.3 of the Penal Codeend insert.
26(8) BB devicebegin insert, as referenced in Sections 16250 and 19910 of 
27the Penal Codeend insert.
28(9) Dangerous fireworksbegin insert, as referenced in Sections 12505 and 
2912689 of the Health and Safety Codeend insert.
30(10) Tanning in an ultraviolet tanning devicebegin insert, as referenced in 
31Sections 22702 and 22706end insert.
32(11) Dietary supplement products containing ephedrine group 
33alkaloidsbegin insert,
						  as referenced in Sections 110423.2 of the Health and 
34Safety Codeend insert.
35(12) Tickets or shares in a lottery gamebegin insert, as referenced in 
36Sections 8880.12 and 8880.52 of the Government Codeend insert.
37(13) Salvia divinorum or Salvinorin A, or any substance or 
38material containing Salvia divinorum or Salvinorin Abegin insert, as 
39referenced in Section 379 of the Penal Codeend insert.
P5    1(14) Body piercingbegin insert, as referenced in Section 119302 of the 
2Health and Safety Code and Section 652 of the Penal Codeend insert.
3(15) Body brandingbegin insert, as referenced in Sections 119301 and 
4119302 of the Health and Safety Codeend insert.
5(16) Permanent tattoobegin insert, as referenced in Sections 119301 and 
6119302 of the Health and Safety Code and Section 653 of the Penal 
7Codeend insert.
8(17) Drug paraphernaliabegin insert, as referenced in Section 11364.5 of 
9the Health and Safety Codeend insert.
10(18) Electronic cigarettebegin insert,
						  as referenced in Section 119405 of 
11the Health and Safety Codeend insert.
12(19) Harmful matter or obscene matterbegin insert, as referenced in Sections 
13311, 313, and 313.1 of the Penal Codeend insert.
14(20) Laser pointerbegin insert, as referenced in Sections 417.25 and 417.27 
15of the Penal Codeend insert.
16(21) A less lethal weaponbegin insert, as referenced in Sections 16780 and 
1719405 of the Penal Codeend insert.
(a) An operator of an Internet Web site, online service, 
19online application, or mobile application directed to minors or an 
20operator of an Internet Web site, online service, online application, 
21or mobile application that has actual knowledge that a minor is 
22using its Internet Web site, online service, online application, or 
23mobile application shall do all of the following:
24(1) Permit a minor who is a registered user of the operator’s 
25Internet Web site, online service, online application, or mobile 
26application to remove, or to request and obtain removal of, content 
27or informationbegin delete publiclyend delete posted on the
						  operator’s Internet Web site, 
28online service, online application, or mobile application by the 
29user.
30(2) Provide notice to a minor who is a registered user of the 
31operator’s Internet Web site, online service, online application, or
32
						  mobile application that the minor may remove, or request and 
33obtain removal of, content or informationbegin delete publiclyend delete posted on the 
34operator’s Internet Web site, online service, online application, or 
35mobile application by the registered user.
36(3) Provide clear instructions to a minor who is a registered user 
37of the operator’s Internet Web site, online service, online 
38application, or mobile application on how the user may request 
39and obtain the removal of content or informationbegin delete publiclyend delete posted 
P6    1on the operator’s Internet Web site, online service, online 
2application, or mobile application.
3(4) Provide notice to a minor who is
						  a registered user of the 
4operator’s Internet Web site, online service, online application, or
5
						  mobile application that the removal described under subdivision 
6(b) does not ensure complete or comprehensive removal of the 
7content or informationbegin delete publiclyend delete posted on the operator’s Internet 
8Web site, online service, online application, or mobile application 
9by the registered user.
10(b) An operator or a third party is not required to erase or 
11otherwise eliminate, or to enable erasure or elimination of, content 
12or information in any of the following circumstances:
13(1) Any other provision of federal or state law requires the 
14operator or third party to maintain the content or information.
15(2) The content or information wasbegin delete publiclyend delete
						  posted to the 
16operator’s Internet Web site, online service, online application, or 
17mobile application by a third party other than the minor, who is a 
18registered user, including any content or information begin deletepubliclyend delete
19 posted by the registered user that was republished or reposted by 
20the third party.
21(3) The operator anonymizes the content or information posted 
22by the minor who is a registered user, so that the minor who is a 
23registered user cannot be individually identified.
24(4) The minor does not follow the instructions provided to the 
25minor pursuant to paragraph (3) of subdivision (a) on how the 
26registered user may request and obtain the removal
						  of content or 
27information posted on the operator’s Internet Web site, online 
28service, online application, or mobile application by the registered 
29user.
30(5) The minor has received compensation or other consideration 
31for providing the content.
32(c) This section shall not be construed to limit the authority of 
33a law enforcement agency to obtain any content or information 
34from an operator as authorized by law or pursuant to an order of 
35a court of competent jurisdiction.
36(d) An operator shall be deemed compliant with this section if:
37(1) It renders the content or information posted
						  by the minor 
38user no longer visible to other users of the service and the public 
39even if the content or information remains on the operator’s servers 
40in some form.
P7    1(2) Despite making the original posting by the minor user 
2invisible, it remains visible because a third party has copied the 
3posting or reposted the content or information posted by the minor.
4(e) This section shall not be construed to require an operator or 
5an Internet Web site, online service, online application, or mobile 
6application to collect age information about users.
7(f) begin delete“Publicly posted”end deletebegin insert“Postedend insertbegin insert”end insert
						  means content or information 
8that can be accessed by a user in addition to the minor who posted 
9the content or information, whether the user is a registered user or 
10not, of the Internet Web site, online service, online application, or 
11mobile application where the content or information is posted.
This chapter shall become operative on January 1, 2015.
O
95